This checklist guides you when advising buyers, sellers, and third parties, on how to determine whether the DOJ might consider merging parties' conduct to be illegal gun jumping, in violation of the Hart-Scott-Rodino (HSR) Act—Section 7A of the Clayton Act. The HSR Act prohibits a seller from transferring beneficial ownership to a buyer prior to the expiration or termination of the mandatory waiting period, typically 30 days. Most gun jumping enforcement actions allege that sellers have transferred beneficial ownership by transferring operational control. After asking some preliminary questions to help you understand your role and whether and to what extent a gun jumping enforcement action is possible in your merger—or other transactions subject to the HSR Act (this checklist uses the word merger throughout)—this checklist includes questions to guide you through the two settings where gun jumping violations take place: in the transaction agreement and in post-signing conduct, including ...