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.
Washington Hart Scott Rodino Questionnaire
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How to fill out Hart Scott Rodino Questionnaire?
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FAQ
The Hart-Scott-Rodino review is a regulatory assessment conducted to evaluate the competitive effects of proposed mergers and acquisitions. Once the Washington Hart Scott Rodino Questionnaire is submitted, the Federal Trade Commission and the Department of Justice have a set period to review the information provided. This process allows authorities to determine if a deal raises any antitrust concerns, helping to protect consumer interests and maintain competitive markets.
The Hart-Scott-Rodino Act mandates that parties involved in significant mergers or acquisitions provide detailed information about the proposed transaction. Specifically, it requires the submission of a notification form, often referred to as the Washington Hart Scott Rodino Questionnaire. Compliance with this act is essential for avoiding potential legal pitfalls and ensuring a transparent review process by the Federal Trade Commission and the Department of Justice.
The Hart-Scott-Rodino rules govern the process of mergers and acquisitions in the United States. These rules aim to prevent anti-competitive practices by requiring companies to file a notification prior to completing certain transactions. The Washington Hart Scott Rodino Questionnaire serves as a key document in this process, ensuring that relevant information is disclosed. This helps regulatory agencies assess potential impacts on competition.
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 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.
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.
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.
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.
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.
