July 2011

Final Hart-Scott-Rodino Rule Both Simplifies and Complicates HSR Notification

In the dog days of August 2010 the Federal Trade Commission (with the concurrence of the Antitrust Division of the Department of Justice) published a Notice of Proposed Rulemaking to overhaul the reporting required under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR”).1 Commenters on the proposal unanimously applauded the effort to simplify HSR reporting and eliminate requests for information that the reviewing agencies no longer found useful. At the same time, they were alarmed by those parts of the proposal that would extend the reach of HSR reporting into new areas.

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