Antitrust agencies announce significant changes to the HSR form

On 7 July 2011 the Federal Trade Commission (FTC) and the Department of Justice (DOJ) announced revisions to the Hart-Scott-Rodino (HSR) premerger notification rules and the HSR form. The new rules and form changes will take effect 30 days after publication in the Federal Register. The purpose of some of the changes is to make the HSR filing less burdensome by elimination of requests for information that the agencies have not found useful in their antitrust assessment of transactions. Other changes, however, particularly those involving the new concept of "associate" and those requiring production of a new category of documents (new Item 4(d)), will add to the burden of completing the form. However, according to the agencies, these changes are justified because they will result in the production of information and documents useful to their antitrust assessment of reportable transactions. Some of the most significant changes are as follows.

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