The Fifth Circuit has entered an administrative stay of the district court’s vacatur “until further order,” and the Federal Trade Commission’s (FTC’s) Premerger Notification Office has directed filers to continue submitting the revised HSR form unless and until further notice.
Approximately a year ago, the FTC, with support from the Department of Justice Antitrust Division (DOJ), implemented a final rule (the “Rule”) establishing a new premerger notification form and instructions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The new HSR form significantly expanded the information and documents parties are required to provide to the FTC and DOJ at the outset of merger reviews, increasing the time and cost of complying with HSR filing requirements. Milbank’s client alert on the new form summarizes these requirements.
