This due diligence questionnaire is provided to gather information required to evaluate antitrust aspects of the proposed transaction. It lists certain information that is required in order to assess the competitive consequences of the proposed acquisition, and, to determine is preparation of any required Hart-Scott-Rodino filing is necessary.
The Collin Texas Hart Scott Rodin (HER) Questionnaire is a legal document used in certain business transactions to comply with the provisions set forth by the Hart-Scott-Rodino Antitrust Improvements Act of 1976. This act requires certain companies to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) before engaging in specific merger or acquisition activities that surpass a certain size threshold. The Questionnaire is an integral part of the pre-merger notification process, helping the FTC and DOJ evaluate the potential impact of the proposed transaction on competition. It requires detailed information about both the acquiring and acquired companies, including their financials, market shares, products, and services. The questionnaire aims to gather relevant data to assess any potential antitrust concerns and investigate the significant competitive effects resulting from the transaction. In Collin County, Texas, the Questionnaire may be applicable to various types of transactions, including mergers, acquisitions, joint ventures, and certain asset transfers. Different types of HER Questionnaires exist to cater to the specific nature of each transaction: 1. Merger HER Questionnaire: This questionnaire is used when two previously independent companies plan to merge into a single entity, combining their operations, assets, and interests. It may involve a horizontal merger (companies in the same industry), a vertical merger (companies in different stages of production or distribution), or a market extension merger (companies operating in related markets). 2. Acquisition HER Questionnaire: For transactions where one company intends to acquire another, this questionnaire is necessary. It seeks to collect information about the acquiring entity, the target entity, their respective market positions, and any overlaps in their operations. 3. Joint Venture HER Questionnaire: When two or more companies collaborate to undertake a specific project or venture, they may need to complete this questionnaire. It assists in evaluating potential competitive effects resulting from the joint venture and ensures compliance with antitrust regulations. 4. Asset Transfer HER Questionnaire: In certain cases, when only specific assets or divisions of a company are being acquired, transferred, or sold, an asset transfer questionnaire is required. It focuses on the assets involved, their valuation, and the potential impact on market competition. Completing the Collin Texas HER Questionnaire accurately and thoroughly is crucial to avoid penalties and delays in transaction approvals. It is recommended to seek legal counsel or consult the FTC's guidance materials to ensure adherence to the specific requirements of the Act and Antitrust Improvements Act.The Collin Texas Hart Scott Rodin (HER) Questionnaire is a legal document used in certain business transactions to comply with the provisions set forth by the Hart-Scott-Rodino Antitrust Improvements Act of 1976. This act requires certain companies to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) before engaging in specific merger or acquisition activities that surpass a certain size threshold. The Questionnaire is an integral part of the pre-merger notification process, helping the FTC and DOJ evaluate the potential impact of the proposed transaction on competition. It requires detailed information about both the acquiring and acquired companies, including their financials, market shares, products, and services. The questionnaire aims to gather relevant data to assess any potential antitrust concerns and investigate the significant competitive effects resulting from the transaction. In Collin County, Texas, the Questionnaire may be applicable to various types of transactions, including mergers, acquisitions, joint ventures, and certain asset transfers. Different types of HER Questionnaires exist to cater to the specific nature of each transaction: 1. Merger HER Questionnaire: This questionnaire is used when two previously independent companies plan to merge into a single entity, combining their operations, assets, and interests. It may involve a horizontal merger (companies in the same industry), a vertical merger (companies in different stages of production or distribution), or a market extension merger (companies operating in related markets). 2. Acquisition HER Questionnaire: For transactions where one company intends to acquire another, this questionnaire is necessary. It seeks to collect information about the acquiring entity, the target entity, their respective market positions, and any overlaps in their operations. 3. Joint Venture HER Questionnaire: When two or more companies collaborate to undertake a specific project or venture, they may need to complete this questionnaire. It assists in evaluating potential competitive effects resulting from the joint venture and ensures compliance with antitrust regulations. 4. Asset Transfer HER Questionnaire: In certain cases, when only specific assets or divisions of a company are being acquired, transferred, or sold, an asset transfer questionnaire is required. It focuses on the assets involved, their valuation, and the potential impact on market competition. Completing the Collin Texas HER Questionnaire accurately and thoroughly is crucial to avoid penalties and delays in transaction approvals. It is recommended to seek legal counsel or consult the FTC's guidance materials to ensure adherence to the specific requirements of the Act and Antitrust Improvements Act.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
