Hart Scott Rodino Antitrust Improvements Act

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Are all companies required to file pre-merger filings?

Hart Scott Rodino Antitrust Improvements Act

The Hart Scott Rodino Antitrust Improvements Act is also known as Public law 94-435 or the HSR Act. The Act is a set of amendments to previous antitrust laws of the United States. Most of the amendments are to the Clayton Antitrust Act. The Hart Scott Rodino Act, signed into law by President Gerald Ford, is located at 15 U.S.C. 18a, Title II.

A Notification and Report Form must be filed before a certain merger or acquisition takes place. There are three tests that must be met. If the three tests are met, the parties must file pre-merger documents. These tests involve the amount of assets involved in the merger or acquisition.

Temporary attorneys experienced in document review are often hired by firms involved in Hart Scott Rodino Antitrust Improvements Act cases, as the documentation to be reviewed is often extensive. All financial documents for both parties to the merger or acquisition must be reviewed to see if the merger or acquisition meets the tests that deem pre-filing requirements.

   

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