FTC Issues Tip Sheet for Using New Form For Premerger Filings

Kelley Drye Client Advisory

In September, the Federal Trade Commission’s (FTC) Premerger Notification Office issued guidance on how to use the new form parties are required to file in order to obtain antitrust clearance of proposed transactions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) and the Premerger Notification Rules. The most important changes highlighted by the Tip Sheet are:

  • Making the process of entering data less repetitive (e.g., drop down menus for common responses, automatic fill of redundant data fields).
  • Making it easier to organize the list of Attachments being provided.
  • Allowing users to enter Endnotes to provide explanatory text concerning any item.
  • Automatically providing a list of which required items are not yet entered. However, the tips sheet cautions that the list is a guide, and the filing party is ultimately responsible for submitting a correct filing.
  • Pre-loading the form with NAICS codes concerning revenues.

For a summary of changes to the HSR form, please refer to Kelley Drye’s advisory, and our Premerger Antitrust Requirements: The 2011 Hart-Scott-Rodino Premerger Notification Sourcebook for a reference guide on fundamentals needed to understand the HSR filing and merger review process.

Kelley Drye & Warren LLP

Kelley Drye is recognized as a premier antitrust and competition firm. Our national reputation stems from our proven track record of successfully representing clients in complex competition issues arising under federal and state antitrust laws. Our professionals include officials from the ABA Antitrust Section, and former officials of the United States Department of Justice Antitrust Division and the FTC. Our firm is also supported by Georgetown Economic Services, an economic consulting firm.

For more information about this client advisory, please contact:

William C. MacLeod