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.
Hawaii Hart Scott Rodino Questionnaire
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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.
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).
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
Beware of penalties If the form is not accurate or complete, the agencies will generally reject the filing and restart the HSR waiting period. Failure to file or submission of an inaccurate HSR form can result in civil penalties of up to $42,530 for each day of the violation.
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 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.
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.
The HSR size-of-parties threshold will also increase. It generally will require that one party have sales or assets of at least US$202 million and the other party have sales or assets of at least US$20.2 million. (Currently these thresholds are US$184 million and US$18.4 million, respectively.)
During the preliminary review, the parties must wait 30 days (15 days in the case of a cash tender or bankruptcy transaction) before closing their deal.
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INDIANAPOLIS, Feb. 24, 2022 (GLOBE NEWSWIRE) -- Apria, Inc. (the ?Company? or ?Apria?) (Nasdaq: APR), a leading provider of home medical ... To be a complete list of all books, articles, reports, letters to the editor, editorialFederal Trade Commission, Hart-Scott-Rodino Annual Report, 2016.By S Harriman · 1982 · Cited by 8 ? ines the effect Illinois Brick has had on the Hart-Scott-Rodino AntitrustHawaii charged four defendants with violating § 1 of the Sherman. The Committee on the Judiciary, to whom was referred the bill. (I-I.R. 8532), to amend the Clayton Act to permit State attorneys.87 pages
? The Committee on the Judiciary, to whom was referred the bill. (I-I.R. 8532), to amend the Clayton Act to permit State attorneys. By W Blumenthal · 1994 · Cited by 22 ? coordination also raises issues under Title II of the Hart-Scott- Rodinois to help fill the void by collecting and analyzing pertinent authority in. Hart-Scott-Rodino (HSR) filings in Q3 2020 were up significantly overas preparing complete merger simulations; (iii) disseminating the ... This brief, the second in a series on health care consolidation,$92 million as required by the 2021 Hart-Scott-Rodino Antitrust Improvements Act (HSR). Due to the express grant of authority in the HSR Act, states have statutory standing toAs the Supreme Court summarized in Hawaii v. DOJ had a 24-year head start on the FTC in antitrust enforcement,It is not unusual for multiple days of the HSR Act-mandated 30-day ... 30 Appendix Response to written questions submitted by Hon.\3\ Under the Hart-Scott-Rodino Act, an acquisition of voting securities and/or assets above ...