Hart-Scott-Rodino (HSR) Act Avoidance

Summary

This practice note provides a framework for applying 16 C.F.R. 801.90, which relates to issues of avoidance of the Hart-Scott-Rodino (HSR) Act's notification and waiting period requirements. Given that there are significant monetary penalties that can accrue daily for a failure to file a HSR Act notification, it is important for you to consider 801.90 even where a narrow view of a transaction's structure is that it is not on its face reportable.