Editor’s Note: 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. Premerger notification involves completing an HSR Form, also called a “Notification and Report Form for Certain Mergers and Acquisitions,” with information about each company’s business. The parties may not close their deal until the waiting period outlined in the HSR Act has passed, or the government has granted early termination of the waiting period.
Industry Update
A Hart-Scott-Rodino Act Transaction Update (June 2022)
Federal Trade Commission
Taken from the latest published Hart-Scott-Rodino (HSR) Premerger Notification monthly transactions as shared by the Federal Trade Commission (FTC) and augmented by released annual reports, the following transaction information and corresponding charts may be useful for law firms, legal departments, and legal services providers seeking to understand the real-time pulse rate of Hart-Scott-Rodino Act mandated merger transaction reviews. As these reviews may lead to Second Requests, the charts may also be useful as a baseline for considering provider assertions regarding the depth, breadth, and volume of their Second Request support for this unique type of eDiscovery during specific time frames.
Comparing the Operations Tempo for HSR Act Transactions: Informational Charts
Provided for context and comparison are charts that share HSR Act-related metrics for monthly filings based on real-time reporting in fiscal years (FY) 2022 and 2021 and annual reporting in 2020, 2019, and 2018.
Chart 1: Monthly HSR Act Transactions Reported in the Fiscal Year 2022 (October-September)*
Chart 2: Monthly HSR Act Transactions Reported in the Fiscal Year 2021 (October-September)*
Chart 3: Monthly HSR Act Transactions Reported in the Fiscal Year 2020 (October – September)**
Chart 4: COVID Constraints: HSR Act Transactions Reported During Current Pandemic (February FY 2020 – June FY 2022)*/**
Chart 5: Monthly HSR Act Transactions Reported in the Fiscal Year 2019 (October – September)**
Chart 6: Monthly HSR Act Transactions Reported in the Fiscal Year 2018 (October – September)**
Chart 7: HSR Act Annual Transactions Reported in Fiscal Years 2000 – 2022*/***
Chart 8: HSR Act Reported Second Requests in Fiscal Years 2000 – 2020
Chart 9: HSR Act Reported Second Requests by the FTC in Fiscal Years 2000 – 2020)***
Chart 10: HSR Act Reported Second Requests by the DOJ in Fiscal Years 2000 – 2020***
Chart 11: Percentage of Transactions Resulting in HSR Act Report Second Requests in Fiscal Years 2000 – 2020***
*Monthly Real-Time Reporting First Report is October 2019 (Monthly Running Report)
**Based on Monthly Reporting as Represented in Annual HSR Transaction Reports
***Based on Annual Reporting as Represented in Final Annual HSR Transaction Reports.
