Revisiting Hart-Scott-Rodino: Premerger Notification Requirements, Aggregation Rules, FTC Review
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will examine the filing requirements of the Hart-Scott-Rodino (HSR) Act in connection with proposed mergers and other corporate actions and responding to inquiries from the FTC and DOJ. The panel will discuss HSR aggregation rules that can lead multiple transactions to be aggregated for purposes of determining whether the size of the transaction threshold is met. The panel will also examine the new proposed premerger notification rules and their potential impact on deals going forward.
Outline
- Basics of the HSR Act
- Transaction threshold
- Waiting period
- Secondary requests
- Aggregation issues
- Stock transfers, acquisition of assets, other transactions
- Timing of transactions: when aggregation is required
- Parent entities and affiliates
- New approaches to HSR filings
- New proposed rules and enforcement priorities
Benefits
The panel will review these and other important issues:
- What is the current threshold for HSR pre-notification and the initial notice period?
- When must different transactions be aggregated in calculating the total amount of a transaction?
- What information is required to be included in the notification?
- What additional information might the agencies request from parties and in what time frame?
- How will the new proposed premerger notification rules, if made final, impact deals going forward?
Faculty
Carrie A. Hanger
Partner
Nelson Mullins Riley & Scarborough
Ms. Hanger is a seasoned healthcare law, biosciences, and antitrust attorney. Her antitrust experience covers a... | Read More
Ms. Hanger is a seasoned healthcare law, biosciences, and antitrust attorney. Her antitrust experience covers a variety of industries with a particular focus on healthcare antitrust matters. Ms. Hanger assists clients with a variety of antitrust matters. She advises clients on pricing, distribution, mergers and acquisitions, joint ventures, and Hart–Scott–Rodino premerger notification filings.
CloseWrede H. Smith, III
Partner
McGuireWoods
Mr. Smith is a member of the firm’s Antitrust & Trade Regulation practice, focusing on representing clients... | Read More
Mr. Smith is a member of the firm’s Antitrust & Trade Regulation practice, focusing on representing clients in government review of mergers and acquisitions, civil and criminal government investigations, civil antitrust litigation, and antitrust counseling. He has represented parties in all stages of merger clearance, including pre-merger counseling and filing under the Hart-Scot-Rodino (HSR) Act, representation before the U.S. Department of Justice, Antitrust Division, and the Federal Trade Commission, and merger litigation. Prior to joining the firm, Mr. Smith practiced antitrust law at a Washington, DC law firm and was a trial attorney in the Defense, Aerospace, and Industrials section of DOJ’s Antitrust Division, where he investigated and analyzed mergers and acquisitions in a wide variety of industries, including telecommunications, banking, aeronautics, defense, and mining.
CloseEarly Discount (through 10/18/24)
Cannot Attend November 14?
Early Discount (through 10/18/24)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.