New HSR Regime and the Implications for M&A Deals: Form Requirements, Filing Obligations, Emerging Trends
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE webinar will provide an overview of recent changes made to the Hart-Scott-Rodino (HSR) premerger notification report form as well as the premerger notification rules implementing the HSR Act. The panel will review the impact these changes have had for M&A dealmakers, how the FTC's enforcement policies are evolving, trends that have emerged during the initial months since the new rules took effect, and best practices for navigating the changes and ensuring compliance.
Outline
- Overview: new HSR rule and premerger notification form and their implications for M&A deals
- Key changes to the HSR filing requirements
- Competitive overlaps
- Supply relationships
- Foreign subsidies
- Ownership structure
- Private equity
- How the new rule differs from the prior rule and process
- Practical steps to optimize filings under the new HSR regime
- Emerging trends and developments
- Impact of the new rule on non-reportable transactions
- Practical considerations and key takeaways
Benefits
The panel will review these and other key issues:
- What are the key changes to the HSR filing requirements?
- What are the practical implications for M&A deals?
- What trends, practices, and policies are evolving with the HSR premerger notification report form?
- How can companies contemplating mergers or acquisitions proactively minimize delays and simplify the HSR filing process?
Faculty
Brian Concklin
Partner
Clifford Chance
Mr. Concklin advises clients on compliance with the U.S. merger control laws, the regulatory review of mergers and... | Read More
Mr. Concklin advises clients on compliance with the U.S. merger control laws, the regulatory review of mergers and acquisitions, government investigations into anti-competitive conduct, and the implementation of antitrust best practices. He has extensive experience navigating clients through the U.S. premerger notification process set forth by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. Mr. Concklin has advocated on behalf of clients before the U.S. Federal Trade Commission and U.S. Department of Justice, including managing responses to Second Requests and negotiating remedies when necessary. His work has spanned numerous industries, including food & beverage, fintech, banking, private equity funds, telecommunications, air & space, chemicals, and bio-engineering.
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Meytal McCoy
Counsel
Davis Polk & Wardwell
Ms. McCoy advises clients on navigating complex and multinational transactions through regulatory processes, with a... | Read More
Ms. McCoy advises clients on navigating complex and multinational transactions through regulatory processes, with a focus on the Hart-Scott-Rodino Act. Her focus is advising clients on navigating the Hart-Scott-Rodino Act. With 20 years of experience, Ms. McCoy is known as a seasoned business counselor experienced in guiding clients through the U.S. merger control process in connection with multi-million and multi-billion dollar transactions, including advocating for clients before the FTC, DOJ Antitrust Division and state attorneys general. She has extensive experience helping clients manage complex multinational transactions, including coordination of merger control and other regulatory filings in multiple jurisdictions. She also counsels clients regarding Clayton Act Section 8 (interlocking directorates). Ms. McCoy has worked with clients across a wide variety of industries, including consumer goods, manufacturing, health care and life sciences, financial services and private equity/financial sponsors.
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Barbara T. Sicalides
Partner
Troutman Pepper Locke
Ms. Sicalides’ practice covers the full range of antitrust and competition matters. She routinely handles... | Read More
Ms. Sicalides’ practice covers the full range of antitrust and competition matters. She routinely handles antitrust litigation, conduct and merger investigations, and counseling, as well as distribution disputes and arrangements, for domestic and international companies. Her antitrust litigation experience includes a wide range of antitrust claims, such as class action and individual plaintiff actions. Additionally, this experience includes actions challenging agreements among competitors such as price fixing, customer allocation, output restraints, and other similar horizontal agreements. Ms. Sicalides has extensive experience responding to government investigations of alleged cartel activity, including price-fixing and market allocation. She also advises clients on acquisitions and joint venture transactions before the FTC, DOJ, state attorneys general, and international regulatory agencies. Ms. Sicalides is also experienced in non-merger civil and criminal antitrust investigations before the enforcement agencies, and defends against antitrust class actions and individual claims. Her counseling practice also involves helping international and domestic companies to minimize or avoid antitrust liability, and to implement effective compliance programs. Ms. Sicalides speaks regularly and has authored numerous articles and book chapters on competition-related issues. She is immediate past chair of the ABA Business Law Section Antitrust Committee.
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