2013 HSR Premerger Notification Sourcebook
The Kelley Drye Antitrust practice presents "Premerger Antitrust Requirements: The 2013 Hart-Scott-Rodino Premerger Notification Sourcebook.”
Kelley Drye’s Antitrust and Competition team handles the antitrust aspects of mergers and acquisitions for major multinational companies in a host of jurisdictions, concerning deals spanning a variety of industries and businesses. The firm maintains the capacity to staff transactions with attorneys who are fluent in more than a dozen languages and take particular pride in their ability to work closely as part of transaction teams established by our non-U.S. clients. Kelley Drye’s lawyers guide clients through all facets of the merger process through strategic counseling, efficient filing with regulatory agencies, and effective navigation through the regulatory clearance process. By drawing appropriately on the expertise of Kelley Drye attorneys in many other practice areas, the firm is able to provide clients with efficient, responsive M&A support for matters of any scale, anywhere in the world.
Kelley Drye's Antitrust lawyers provide clients with services in these areas:
- Staging for Mergers – We counsel clients on initial proposals, bid packages, letters of intent, assembly and supervision of data rooms, due diligence, document preparation and negotiations.
- Acquiring U.S. Businesses – Kelley Drye represents clients in the acquisition of U.S.-based businesses, whether in the form of share or asset transaction or triangular merger structures, and whether taking the form of straight acquisitions or leveraged buy-outs.
- Strategic Counseling – Our team takes a multidisciplinary approach to counseling antitrust clients, especially in the initial stages of the merger process, by analyzing their industry's structure and the feasibility of the proposed merger. The firm has counseled numerous Fortune 500 companies at every stage - from initial pre-merger negotiations, to the consummation stage that follows regulatory clearance.
- Hart-Scott-Rodino and International Pre-merger Notification – We jumpstart the regulatory clearance process through accurate and timely filing of a Hart-Scott-Rodino (HSR) pre-merger notification with the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ). Kelley Drye attorneys have extensive experience with HSR filings and foreign pre-merger notification guidelines, including changes in the law that may affect a transaction's prospects for clearance.
- Regulatory Clearance – We defend mergers facing review before the FTC and the DOJ. By anticipating the requests and expectations of the agencies, Kelley Drye's lawyers are able to take companies in concentrated markets through the regulatory clearance process as quickly and efficiently as possible.
Representative Experience
- Obtained clearance of acquisition of leading U.S. coffee company by leading worldwide tea and coffee manufacturer.
- Obtained clearance for combination of leading manufacturers of orthopedic devices.
- Obtained clearance for combination of major steel manufacturers.
- Obtained clearance of the consolidation of carpet manufacturing businesses.
- Obtained clearances of the acquisitions of several food companies practices.
- Investigated the merger of two fuel companies.
- Investigated the merger of major oil companies.
- Counseled companies affected by mergers in numerous industries.
Premerger Antitrust Requirements: The 2012 Hart-Scott-Rodino Premerger Notification Sourcebook (PDF, 1.85 M)
