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.
New York Hart Scott Rodino Questionnaire
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FAQ
Antitrust Filing means a filing that must be made by either Party (or both Parties) to or with a Governmental Entity under any applicable antitrust, competition or similar Law of any jurisdiction applicable to the transactions contemplated by this Agreement as identified in Exhibit C; Sample 2.
If the transaction is valued in excess of $50 million (as adjusted) but is $200 million (as adjusted) or less, only those transactions that also meet the size of person test require a filing.
The Hart-Scott-Rodino Act established the federal premerger notification program, which provides the FTC and the Department of Justice with information about large mergers and acquisitions before they occur. The parties to certain proposed transactions must submit premerger notification to the FTC and DOJ.
Once both parties have filed, a specific merger review timeline begins. For most but not all transactions, this starts with an initial 30-day waiting period. For cash tender offers and bankruptcies, the initial waiting period is only 15 days.
HSR filings are premerger notifications that parties to a proposed merger transaction make with both the Federal Trade Commission and the Department of Justice. Subject to minor exceptions, both the seller and the buyer must each separately file with both agencies.
Your filing will not be published or accessible to the public, and there is a spe- cific statute that prevents members of the public from accessing HSR filings through Freedom of Information Act requests.
Although the waiting period is generally 30 days (15 days if the transaction is an all-cash tender offer or a bankruptcy sale), the regulators may request additional time to review additional information and the filing parties may request that the waiting period for a particular transaction be terminated early ("early
The Hart-Scott-Rodino Act thresholds, which govern when mergers and acquisitions must be reported to the US Department of Justice and Federal Trade Commission, will jump 9.8% in February 2022. The basic size-of-transaction threshold will increase from $92 million to $101 million.
The HSR "size of parties" threshold generally requires that one party to the transaction have annual net sales or total assets of $202 million or more (up from $184 million in 2021), and that the other party have annual net sales or total assets of $20.2 million (up from $18.4 million).
The HSR Act requires that parties to mergers and acquisitions, including acquisitions of voting securities and assets, notify the DOJ and the FTC, and observe a statutory waiting period if the acquisition meets specified size-of-person and size-of-transaction thresholds and doesn't fall within an exemption to the
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Baseline HSR threshold now $92 million. The Hart-Scott-Rodino Act requires that parties to certain transactions, including mergers and ... The "size of parties" test generally requires that one party to the transaction have annual net sales or total assets of $184 million or more ( ...New Filing Fee Thresholds. Filing fees are also determined by a threshold test relating to the size of the transaction. While the valuation ... NEW YORK WASHINGTON PARIS LONDON MILAN ROME FRANKFURT BRUSSELS. CLIENT. MEMORANDUM. FTC REVISES HSR THRESHOLDS. The Federal Trade Commission has announced ...2 pages
NEW YORK WASHINGTON PARIS LONDON MILAN ROME FRANKFURT BRUSSELS. CLIENT. MEMORANDUM. FTC REVISES HSR THRESHOLDS. The Federal Trade Commission has announced ... US$50 million size-of-transaction test, US$92.0 millionThe new HSR thresholds will apply to transactions that close on or after that ... The size of transaction test is adjusted annually based on changes in the gross national product for the preceding year. The new size of ... On January 21, 2022, the Federal Trade Commission (FTC) announced that in 2022 the threshold for applying the size-of-parties test of the ... The Hart-Scott-Rodino Act's pre-merger notification and waiting periodenforcement include New York, California, Texas and Washington. If a transaction is valued above $403.9 million, the ?size of person? test does not apply. Set forth below is a table displaying the original ... Federal Register published FTC notice announcing the latest annual adjustments to statutory thresholds under the Hart-Scott-Rodino Antitrust ...