Merger Review Takeaways From New Hart-Scott-Rodino Data

Law360 (October 4, 2019, 3:02 PM EDT) -- The Federal Trade Commission and U.S. Department of Justice Antitrust Division recently released the Hart-Scott-Rodino annual report for Fiscal Year 2018 covering Oct. 1, 2017, through Sept. 30, 2018. This report is the first opportunity to review data regarding merger challenges issued exclusively during the Trump administration.

Of note, the 2018 report confirms an ongoing trend since the Bush era: The issuance of a request for additional information has a high correlation with the agencies challenging a proposed transaction or the parties abandoning the transaction.

The likelihood of the FTC or Antitrust Division's challenging a transaction in the form of a...

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