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FTC’s Proposed Budget Trims Staff

A review of the Federal Trade Commission’s (FTC’s) proposed budget for fiscal year 2026 may shed light on the FTC’s activities for the near future....more

Revised HSR Thresholds Now in Effect

Each year, the minimum jurisdictional thresholds associated with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) are adjusted by the Federal Trade Commission (FTC). The 2025 adjustments went into effect on...more

New HSR Premerger Notification Requirements Take Effect

The new Hart-Scott-Rodino (HSR) Premerger Notification and Report Form (the “Form”) went into effect on February 10, 2025....more

Revisions to HSR Form Released

On October 7, 2024, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (DOJ), released its long-awaited final rule related to the revision of the Hart-Scott-Rodino (HSR) premerger...more

FTC Calls on Congress to “Modernize” HSR Act and Extend Waiting Periods

Parties to transactions that are reportable under the Hart-Scott-Rodino Antitrust Improvements (HSR) Act must observe a mandatory pre-close waiting period—30 days for most transactions—after reporting the transaction to the...more

Revised HSR Thresholds Announced

On January 22, 2024, the Federal Trade Commission (FTC) approved revised thresholds and filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR)....more

Podcast: Antitrust Updates – Changes Affecting Merger Review and Enforcement in 2024 and Beyond – Diagnosing Health Care [Video]

From wholesale revisions of the merger guidelines to significant amendments to the Hart-Scott-Rodino premerger notification forms, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed...more

Potential Hart-Scott-Rodino Changes on the Horizon

For the first time in 45 years, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are pursuing an overhaul of the Hart-Scott-Rodino (HSR) filing rules....more

New HSR Filing Fee Tier System in Effect

On February 27, 2023, the new Hart-Scott-Rodino (HSR) filing thresholds took effect. The size-of-transaction threshold changed from $101 million to $111.4 million, as the values are adjusted annually based on the change in...more

Accompanying Statements to Hart-Scott-Rodino Annual Report Exemplify Ongoing Tension at FTC

Federal Trade Commission (FTC) Commissioner Christine Wilson’s February 7, 2023, statement accompanying the Fiscal Year 2021 Hart-Scott-Rodino (HSR) Annual Report chastised the other three Commissioners for requesting more...more

FTC Publishes Its Strategic Plan for Next Five Years

On August 26, 2022, the Federal Trade Commission (FTC) published its “Strategic Plan for Fiscal Years 2022–2026,” as required under the GPRA Modernization Act of 2010....more

Final Listening Forum on Firsthand Effects of Mergers and Acquisitions to Be Held on May 12, 2022

The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) are actively considering ways to “modernize” and strengthen their merger enforcement guidelines....more

Return of Early Termination of the HSR Waiting Period Not on the FTC’s Agenda, According to Commissioner Phillips

Parties to a transaction subject to the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) must adhere to a statutory waiting period (30 days for most transactions) after filing their...more

Revised HSR Thresholds in Effect on February 23

Adjustments to the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements (HSR) Act of 1976 are in effect as of February 23, 2022....more

Hospital Transactions Subject to Hart-Scott-Rodino Reporting Obligations See Dramatic Rise in Second Requests for Information

Hospital transactions, including acquisitions and mergers, that meet Hart-Scott-Rodino (HSR) thresholds must, subject to any available exception, be reported to the Federal Trade Commission (FTC) and the Antitrust Division of...more

Federal Trade Commission Continues Quest to Stem the Merger Tide

The Federal Trade Commission (FTC) has reimplemented a policy of requiring all merger enforcement orders to include the requirement that acquisitive firms obtain prior approval from the FTC before closing any future...more

FTC Responds to Tsunami of HSR Filings

A Surge of HSR Filings - On August 3, 2021, the Acting Director of the Bureau of Competition of the Federal Trade Commission (“FTC”) authored a blog post discussing the tsunami of Hart-Scott-Rodino (“HSR”) filings that the...more

FTC Reinstates Notice and Approval Requirements in All Merger Settlement Agreements

Prior to 1995, the Federal Trade Commission (“FTC”) required parties to a Commission Order entered in a merger case to obtain the FTC’s prior approval for any future transaction in similar markets above a de minimis...more

Hart-Scott-Rodino Reporting Thresholds Adjusted Downward

The Federal Trade Commission recently announced new reporting thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“Act”). The new thresholds became effective on March 4, 2021. Unlike previous years, this...more

Expect Delays in the HSR Clearance Process Due to the Coronavirus Pandemic

The Premerger Notification Office of the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) announced that their review of Hart-Scott-Rodino (“HSR”) filings will continue despite...more

Reporting Thresholds Under Hart-Scott Rodino Will Increase on February 27

Adjustments to the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“Act”) will become effective on February 27, 2020. At that time, the minimum size-of-transaction threshold goes up to $94...more

The FTC Explains How It Determines Whether a Transaction Is Structured for the Purpose of Avoiding the Hart-Scott-Rodino Antitrust...

How a transaction gets structured raises a multitude of issues, including whether the transaction might be reportable under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”). Structuring a transaction for the purpose...more

The Numbers Are In: The Recently Released Hart-Scott-Rodino Annual Report for Fiscal Year 2018 Provides an Overview of Antitrust...

On September 16, 2019, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) released their combined Hart-Scott-Rodino Annual Report (“Report”) for fiscal year 2018 (covering the...more

Identifying 4(c) and 4(d) Documents for HSR Filings

When submitting a Hart-Scott-Rodino (“HSR”) Premerger Notification and Report Form and documentary attachments, parties are required to include what are known as “4(c) documents” and “4(d) documents.” Under the HSR...more

Confidentiality of HSR Submissions

Parties involved in health care transactions subject to the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act (“HSR” or “Act”) frequently ask whether submission of the HSR Notification and Report...more

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