Antitrust Law Daily Wrap Up, ACQUISITIONS & MERGERS NEWS: FTC updates Hart-Scott-Rodino Act rules to permit DVD filings, (Aug 26, 2016)

By Greg Hammond, J.D.

Hart-Scott-Rodino (HSR) filings may soon be submitted on DVD, according to updated HSR Premerger Notification Rules approved by the FTC. The FTC has also streamlined the instructions to the Premerger Notification Form, the agency announced today. The amendments to the rules were deemed non-substantive and not subject to public comment. Therefore, they will take effect immediately upon publication in the Federal Register, which is anticipated soon.

Currently, HSR filings are required to be submitted in paper form. Once the final rule is published in the Federal Register, however, the FTC will allow the submission of HSR Filings digitally on DVD. This change will eliminate the expensive and time-consuming printing and duplication of electronically maintained documents that are submitted to the antitrust agencies, according the Commission.

The Commission also took the opportunity to clarify the instructions to make them easier to use. Most of the changes were unrelated to DVD filing and were aimed at reducing the burden on the filing parties by making it easier to prepare the form and comply with the HSR filing requirements. The changes involved formatting, clarification, and simplification, as well as the deletion of immaterial language.

The HSR Antitrust Improvements Act affords the federal government the ability to investigate and challenge mergers that are likely to harm consumers. The Act requires that parties to certain transactions submit HSR filings to both the FTC and the Department of Justice.

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