Reportability of a Merger or Acquisition under the Hart-Scott-Rodino (HSR) Act


As counsel, you may be asked to determine whether a merger or acquisition must be reported to the antitrust authorities pursuant to the Hart-Scott-Rodino Act (HSR Act), 15 U.S.C. § 18a, as amended. The HSR Act requires parties to certain transactions to file premerger notification and report forms with the federal antitrust authorities (i.e., the U.S. Department of Justice (DOJ) and the U.S. Federal Trade Commission (FTC)) and observe applicable waiting periods prior to consummating the transaction.