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.
Missouri Hart Scott Rodino Questionnaire
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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.
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 size-of-person test applies to transactions valued at less than $200 million (as adjusted, $403.9 million) and is based on the total assets and annual net sales of the ultimate parent entities (UPEs) of the acquiring and acquired persons.
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.
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).
The most significant threshold in determining reportability is the minimum size of transaction threshold. This is often referred to as the $50 million (as adjusted) threshold because it started at $50 million and is now adjusted annually. For 2022, that threshold will be $101 million.
The HSR Act requires that parties to mergers and acquisitions, including acquisitions of voting securities and assets, notify the DOJ and the FTC, and observe a statutory waiting period if the acquisition meets specified size-of-person and size-of-transaction thresholds and doesn't fall within an exemption to the
What is the Hart-Scott-Rodino Act? The Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires parties to report large transactions to both the Federal Trade Commission and the US Department of Justice Antitrust Division for antitrust review.
Your filing will not be published or accessible to the public, and there is a spe- cific statute that prevents members of the public from accessing HSR filings through Freedom of Information Act requests.
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By AG Howell · 2002 · Cited by 11 ? In 1976, Congress devised the Hart-Scott-Rodino Act1 (HSR) toParties to major transactions must file information on the current operations of the. The First Test under Hart Scott Rodino: How big is the transaction?In many ways, HSR really does break down to ?mo' money, mo' problems ...Find itself in the unhappy situation of not making a required HSR filing. The civil penalties for failure to file are up to. The larger size-of-transaction threshold, which is applicable even if the size-of-person test isn't met, will increase from $376 million to ... Malone's repeated failures to file and observe the HSR waiting period over astaff to respond to questions from the public about the coverage of the HSR. If a merger exceeds thresholds under the HSR Act, parties to the merger generally must first file a premerger notification with the FTC and ... Western needs approval or review from just two states (Kansas & Missouri), the Federal Energy Regulatory Commission (FERC), Hart-Scott-Rodino, and the ... Last September we celebrated the twentieth anniversary of the enac ment of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (H. Act or HSR).1 ... Should talk about, including the Hart-Scott-Rodino Antitrust Improvements Act.filibustering Byrd even bringing up the bill, so Byrd couldn't file the ...
Compliance Guide, Part II, Compliance Guides and Penalties, which now apply to mergers that are subject to Section 7.15 of the Hart-Scott-Rodino Antitrust Improvements Act (also called Section 715 of the Act) that have a price decrease greater than 20% for goods or services that are sold to or consumed by U.S. consumers. The revised thresholds, as well as other requirements in the act, such as the requirement that the Commission hold a contested case review, are published in this edition.
Compliance Guide, Part II, Compliance Guides and Penalties, which now apply to mergers that are subject to Section 7.15 of the Hart-Scott-Rodino Antitrust Improvements Act (also called Section 715 of the Act) that have a price decrease greater than 20% for goods or services that are sold to or consumed by U.S. consumers. The revised thresholds, as well as other requirements in the act, such as the requirement that the Commission hold a contested case review, are published in this edition.