7 HSR Filing Reminders From Berkshire Hathaway Case

Law360, New York (September 26, 2014, 5:26 PM EDT) -- The recent civil penalty levied on investment holding company Berkshire Hathaway Inc. for failure to notify under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 reminds investors that Hart-Scott-Rodino reportability must be vetted even in transactions that are less obviously seen as "acquisitions."

Although HSR reportability is usually a key consideration in large-scale mergers and negotiated stock and asset purchases, transactions such as conversions, incremental stock purchases, and option exercises — all equally "acquisitions" under the act — may sometimes fail to attract the same level of HSR scrutiny, opening the door to inadvertent (and costly) violations. An investor must typically make...

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