ARTICLE
12 September 2017

FTC Staff Provides Guidance On Hart-Scott-Rodino Procedures

CW
Cadwalader, Wickersham & Taft LLP

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The Premerger Notification Office staff of the Federal Trade Commission ("FTC") detailed the timeline for Hart-Scott-Rodino ("HSR") procedures.
United States Antitrust/Competition Law

The Premerger Notification Office staff of the Federal Trade Commission ("FTC") detailed the timeline for Hart-Scott-Rodino ("HSR") procedures.

In an FTC blog post, the staff explained that parties engaging in certain mergers and acquisitions must submit premerger notification filings and wait for a designated period of time before completing the transactions. The staff provided the following guidance related to HSR procedures:

  • The waiting period begins when fully completed HSR filings from the buyer and seller are received by the FTC and the DOJ.
  • For most transactions, the waiting period lasts 30 days.
  • Parties can request early termination of the waiting period, which may be approved at the discretion of the FTC and the DOJ.
  • If the DOJ or the FTC issues a "Second Request," then the parties must demonstrate substantial compliance with that request. A new 30-day waiting period will begin upon demonstration of substantial compliance.
  • HSR filings generally are valid for one year after the date on which early termination is granted or the waiting period expires.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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