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FTC | RIN: 3084-AA91 | Publication ID: Fall 2010 |
Title: Premerger Notification Rules and Report Form | |
Abstract: The Premerger Notification Rules (HSR Rules or rules) and the Antitrust Improvements Act Notification and Report Form (HSR Form) were adopted pursuant to section 7A of the Clayton Act. Section 7A requires firms of a certain size contemplating mergers or acquisitions 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 acquisition 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 7A of the Clayton Act, codified at 15 U.S.C. 18a, the filing thresholds are revised annually based on the change in gross national product. These thresholds have recently been changed with the baseline reporting figure of the size of transaction test under section 7A(a)(2)(B)(i) now $63.4 million, which was effective 30 days from publication in the Federal Register. (75 FR 3468). On August 13, 2010, the Commission announced it was seeking public comments on proposed changes designed to streamline the HSR form and focus on the information most needed by the agencies in their initial merger review (75 FR 57110). The proposal eliminates requests for unnecessary information. The new form, however, would require additional information that is needed to help the FTC and DOJ during their initial review of transactions. The comment period closed on October 18, 2010. | |
Agency: Federal Trade Commission(FTC) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 16 CFR 801 to 803 | |
Legal Authority: 15 USC 18a Clayton Act |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest. | |
Public Comment URL: www.regulations.gov | |
RIN Data Printed in the FR: No | |
Related RINs: Previously reported as 3084-AA23 | |
Agency Contact: Marian Bruno Deputy Director Federal Trade Commission Premerger Notification Office, Bureau of Competition, 600 Pennsylvania Avenue NW, Washington, DC 20580 Phone:202 326-2846 Email: mbruno@ftc.gov |