2 Corporate Acquisitions and Mergers § 19.01

Summary

The Hart-Scott-Rodino Antitrust Improvements Act, Title II, requires premerger notification and reporting for mergers above a threshold size. The law became effective in 1976 and, in 2000, was significantly amended. The statute is set forth in full in volume Appendix 2, located in volume 3. Detailed implementing rules prepared by the Federal Trade Commission are set forth in Appendix 8.1 The Notification Form is reprinted in Appendix 7.

The purpose of the statute was to give the government sufficient time and information so that it can detect competition problems before mergers close and seek action by the parties to cure the problems, and move to enjoin problematic mergers. The Act implicitly recognizes the inadequacies of divestiture and other relief designed to restore ...