Clifford Chance

Changes to US Premerger Notification Requirements to Become Effective in Mid-August

11 July 2011

Premerger notification requirements in the US have been significantly revised, affecting the information that must be supplied on the Premerger and Notification Report Form (Form) used to notify the US Federal Trade Commission (FTC) and US Department of Justice (DOJ) of a proposed transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The revisions eliminate certain categories of information that had previously been required, but add new categories that will increase the burden for some filers. Changes were initially proposed by the agencies in August 2010, and public comments were invited. The earlier proposal has now been adopted with some modifications based on the public comments. The new information requirements will apply to filings made after a not-yet-specified date in mid-August.

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