Compare and Contrast: Key Differences Between the FTC’s Proposed Rule and Final Rule Amending Premerger Notification Requirements

This white paper details the significant differences between the Federal Trade Commission’s Proposed Rule and recently issued Final Rule with respect to various premerger reporting requirements under the Hart-Scott-Rodino Act. On Oct. 10, 2024, the Federal Trade Commission (Commission), with the concurrence of the Antitrust Division of the Justice Department (the Agencies), issued its long-awaited Final Rule making major changes to the premerger notification rules that implement the Hart-Scott-Rodino Act (HSR Act), including the Premerger Notification and Report Form (HSR Form) and accompanying instructions. The rulemaking changes will take effect 90 days from the date the Final Rule is published in the Federal Register.