Antitrust Law Daily FTC and DOJ approve procedural changes to HSR Form
Friday, June 30, 2017

FTC and DOJ approve procedural changes to HSR Form

By Stephanie K. Mann, J.D.

The FTC, along with the Justice Department, has approved changes to the form that companies use to report a proposed merger, acquisition, or similar transaction under the Hart-Scott-Rodino Antitrust Improvements Act. The Antitrust Act Notification and Report Form (HSR Form) is designed to provide the FTC and the Antitrust Division of DOJ with the necessary information for an initial evaluation of the potential anticompetitive impact of proposed transactions.

The procedural changes to the HSR Form include:

  • deletion of language that required filers to explain in certain cases how they determined the appropriate fee;
  • an updated "Revised Date" on the bottom of each page of "rev. 01/02/2017;"
  • a reference to 16 CFR § 1.98(a), which lists civil penalty amounts for noncompliance;
  • an updated address for the FTC’s Premerger Notification Office; and
  • an update to the electronic version of the form that reflects these changes.

Enacted by Congress in 1976, the Hart-Scott-Rodino Antitrust Improvements Act gives the federal government the opportunity to investigate and challenge mergers that are likely to harm consumers before injury occurs.

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