In a prior note we provided guidance on COVID-19’s Impact on HSR Filing Timelines. The Agencies had indicated that early termination would not be granted while FTC operated on a temporary e-filing system.
Today, the Agencies have updated that guidance and as of March 30 will again grant early termination when both the FTC and DOJ have determined that no enforcement action will be taken during the initial waiting period. The granting of early termination for the initial HSR waiting period is not a right and is granted only at the Agencies’ discretion. The new guidance from the Premerger Notification Office states that early termination will be provided on a more limited basis and later in the process than historically provided.
