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 King Washington Hart Scott Rodin (HER) Questionnaire is a crucial document used during the merger and acquisition process in the United States. The Act, also known as the Hart Scott Rodin Antitrust Improvements Act of 1976, requires companies to submit this questionnaire to the Federal Trade Commission (FTC) and the Department of Justice (DOJ) when certain transaction thresholds are met. Keywords: King Washington Hart Scott Rodin (HER) Questionnaire, merger and acquisition process, HER Act, Antitrust, Federal Trade Commission (FTC), Department of Justice (DOJ), transaction thresholds. The purpose of the King Washington Hart Scott Rodin Questionnaire is to provide the FTC and DOJ with information about the merging companies, their business operations, and any potential antitrust concerns associated with the proposed transaction. This is done to ensure fair competition in the marketplace and prevent any anti-competitive practices. The questionnaire covers various aspects of the merging companies' businesses, such as sales and assets figures, market share, and detailed information about their products and services. It also requires disclosure of any previous mergers or acquisitions in which the companies have been involved. The questionnaire further delves into the competitive landscape of the industries in which the companies operate, including competitors, barriers to entry, and customer buying habits. There are three main types of HER forms or questionnaires, each depending on the size and value of the proposed transaction: 1. HER Form 1: This is the standard form submitted for transactions below the reporting threshold. Companies must submit this form and applicable filing fees before proceeding with the merger or acquisition. 2. HER Form 2: This form is required for transactions that exceed the reporting thresholds. It requires more detailed information regarding the companies' operations, financials, and competitive landscape. The filing of this form triggers a waiting period during which the FTC and DOJ review the proposed transaction for any antitrust concerns. 3. HER Form 3: This type of form is used to amend or supplement previously filed HER forms. It allows companies to update or provide additional information requested by the FTC or DOJ during the review process. Overall, the King Washington Hart Scott Rodin (HER) Questionnaire is an essential document for companies engaging in mergers and acquisitions, ensuring compliance with antitrust regulations and promoting fair competition in the marketplace. By providing relevant information about the merging entities and their respective industries, this questionnaire helps regulatory authorities assess potential antitrust issues and make informed decisions regarding the proposed transaction.
