The Impact of the FTC’s Changes to the Hart Scott Rodino Form

In this episode of S&C's Critical Insights, Samantha Hynes, a partner in S&C's Antitrust Group, and Brad Smith, special counsel in the Antitrust Group, discuss the impact of the Federal Trade Commission's final rule that made substantial modifications to the form used to report transactions requiring a premerger filing under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The new form will require substantially more information and documents than are currently required.

Sam and Brad discuss the key changes to the rules, including the requirements that parties submit all transaction-related agreements, produce certain ordinary-course business documents analyzing competition, and provide additional information concerning their business operations and corporate ownership structures as part of their HSR filings. They also describe steps frequent HSR filers can take to assemble in advance certain categories of information and documents required by the new form.