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The Premerger Notification Rules (HSR Rules or Rules) and the Antitrust Improvements Act Notification and Report Form (HSR Form) were adopted pursuant to section 7(A) of the Clayton Act. Section 7(A) requires firms of a certain size contemplating mergers, acquisitions or other transactions of a specified size to file notification with the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) and to wait a designated period of time before consummating the transaction. It also requires the FTC, with the concurrence of the U.S. Assistant Attorney General for Antitrust, to promulgate rules requiring that notification be in a form and contain information necessary to enable the FTC and DOJ to determine whether the proposed transaction may, if consummated, violate the antitrust laws. These Rules are continually reviewed in order to improve the program's effectiveness and to reduce the paperwork burden on the business community.

Pursuant to the 2000 Amendments to section 7(A) of the Clayton Act, codified at 15 U.S.C. 18(a), the filing thresholds are revised annually based on the change in gross national product. The threshold reporting figure of the size of the transaction test under section 7(A)(a)(2)(B)(I) is now $78.2 million, which was effective February 25, 2016 (81 FR 4299).

On September 1, 2016, the Commission amended the HSR Rules to allow for submission of the Premerger Notification and Report Form (Form) and accompanying documents (together the HSR Filing) on digital video/versatile disc (DVD), and clarify the Instructions to the Form. 81 FR 60257. The final rule was effective on September 1, 2016.