United States: Attorneys Review Annual Hart-Scott-Rodino Report

Cadwalader attorneys reviewed the DOJ and FTC Annual Hart-Scott-Rodino Report for fiscal year 2018.

The report summarizes FTC and DOJ actions conducted under the Hart-Scott-Rodino Antitrust Improvements Act between October 1, 2017 and September 30, 2018.

The attorneys highlighted statistical findings from the report, including:

• the total number of HSR filings increased by 2.9 percent in fiscal year 2018 (2,111 transactions reported) as compared to fiscal year 2017 (2,052 transactions reported);
• the overall number of merger investigations in which Second Requests were issued in fiscal year 2018 decreased as compared to the previous year;
• there was in increase in transactions challenged by either the FTC or DOJ where Second Requests were issued;
• there was a slight decrease in the percentage of early termination requests; and
• the number of corrective filings and related enforcement actions decreased.

This memorandum was authored by Joel Mitnick and Ngoc Hulbig.

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