What HSR Filers Should Know About New FTC Warnings

By Denise Gunter, Colleen Pleasant Kline and Carrie Hanger (August 12, 2021, 5:43 PM EDT) -- The furious pace of merger and acquisition activity, combined with 2021's lower reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act, has had a direct impact on HSR filings and the review process.

The HSR Act requires parties to some mergers, acquisitions, joint ventures and other transactions to notify the Federal Trade Commission and the U.S. Department of Justice and observe a waiting period before the transaction can close.[1] In most cases, the HSR waiting period is 30-days; in bankruptcies and cash tender offers, the waiting period is 15 days.[2]

The number of HSR filings has increased exponentially over the last year....

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