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.
South Carolina Hart Scott Rodino Questionnaire
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How to fill out South Carolina Hart Scott Rodino Questionnaire?
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Here are the new filing fee thresholds, effective on February 23, 2022: FEE. Size-of-Transaction. $45,000. valued in excess of $101 million but less than $202 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 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.
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.
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.
Failing to file, or the submission of an inaccurate HSR form, can result in severe civil penalties up to $42,530 for each day of the violation. Typically, both the buyer and the seller must submit their own HSR forms, at which point a mandatory waiting period begins.
If the transaction is valued at $50 million (as adjusted) or less, no filing is required. If the transaction is valued at more than $200 million (as adjusted), and no exemption applies, an HSR filing must be made and parties must wait until the statutory waiting period has expired before closing the deal.
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
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The FTC alleged that Malone failed to file the required. HSR notification in 2005 after buying Discovery voting securities, and then in 2008 purchased. In the second inside baseball article, this one related to the DOJ,'s U.S. v.Solomon review the fiscal 2013 Hart-Scott-Rodino annual report, ...The original thresholds in the HSR Act are $50 million for the size of transaction test, and for the size of person test, for a transaction ... In most cases, the HSR Act filing is deemed complete, and the waiting periodA transaction satisfies the ?commerce test? if either of the parties to a ... The Federal Trade Commission (FTC) published new reduced threshold limits under the Hart-Scott Rodino Antitrust Improvements Act of 1976, ... Hart?Scott?Rodino Antitrust Amendments Act of 1976 (5)? of the White( 15 U .S.C. 12 et seq.)This balancing test cannot be reduced to any s~ific. The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (?HSR Act?), requires parties to acquisitions of voting securities, ... The "size of parties" test generally requires that one party to the transaction have annual net sales or total assets of $184 million or more ( ... As she has done so many times before at the FTC during both Democratic anding a merger;36 in 1976 Congress enacted the Hart-Scott-Rodino Antitrust ... Thresholds for the Hart-Scott-Rodino Antitrust Improvements Actthe HSR Act, absent exemption, if the ?size of persons? test is met.