Since the premerger notification program of Hart-Scott-Rodino (HSR) was passed in 1976, challenges to consummated mergers in the U.S. have dwindled and for good reason: Under HSR, antitrust enforcers can stop mergers that “may be” anti-competitive before they harm consumers. U.S. antitrust enforcers, however, might be considering more such challenges. While they are legally possible,…
A long-running Department of Justice practice of avoiding Tunney Act procedures when seeking federal district court approval of civil penalty settlements in enforcement actions alleging Hart-Scott-Rodino (HSR) Act premerger notification violations is apparently coming to an end. This past week, the Justice Department published proposed final judgments and the related competitive impact statements for public…
MacAndrews and Forbes’ (M&F) settlement with the Department of Justice (DOJ) on June 20, 2013, provides a good reminder that simply surviving the Hart-Scott-Rodino (HSR) Act waiting period or receiving an early termination is not the end of HSR premerger notification compliance. The settlement demonstrates the need to be continually vigilant of HSR compliance matters,…
