The Federal Trade Commission (FTC) has proposed, for comment, significant changes to the information and documents to be submitted with premerger filings—even in transactions that do not raise significant antitrust issues. The changes proposed may not take effect and may be different when finalized. But if promulgated as proposed, every Hart-Scott-Rodino (HSR) filing will be more difficult and time-consuming, and transactions that might raise even marginal antitrust issues will require significant up-front work.
FTC Releases Proposed Changes to Premerger Notification Form and Process
By Jon B. Dubrow, Timothy (Ty) Carson, Joel R. Grosberg, Raymond A. Jacobsen, Jr. and Ryan Tisch on June 30, 2023
Jon B. DubrowJon Dubrow is co-head of McDermott’s Antitrust Mergers Focus Group and is a strategic advisor serving clients across a host of inter-related antitrust issues, including mergers and acquisitions (M&A) transactions / merger clearance, counseling and litigation. Jon leads the defense of mergers, acquisitions and joint ventures before the Department of Justice, the Federal Trade Commission and other international competition authorities. He also regularly assists third parties whose interests are adversely affected by proposed transactions. Jon also is experienced in antitrust litigation. He provides counseling on distribution issues, contracting arrangements and a wide variety of other competition-related matters. Read Jon Dubrow's full bio.
Timothy (Ty) CarsonTimothy (Ty) Carson advises clients on all facets of the merger review and clearance process, with a focus on compliance with the Hart-Scott-Rodino Act and related rules. His deep antitrust and competition experience includes six years at the Federal Trade Commission (FTC), where he advised on pre-merger notifications, investigations and several full-phase enforcement actions. Read Ty Carson's full bio.
Joel R. GrosbergJoel R. Grosberg is co-head of McDermott’s Antitrust Mergers Focus Group and assists clients on civil and criminal antitrust matters, including obtaining merger clearances, counseling and litigation. He has represented clients in obtaining antitrust approvals in numerous challenging transactions, and in other government antitrust investigations before the Department of Justice, the Federal Trade Commission (“FTC”) and foreign competition authorities. Joel has significant experience in the high tech, chemical, health care and life sciences industries, including counseling on matters related to pricing and distribution practices and other competition-related issues. Read Joel Grosberg's full bio.
Raymond A. Jacobsen, Jr.Raymond (Ray) A. Jacobsen, Jr., advises clients on mergers, acquisitions and complex antitrust litigation. He has significant experience in the defense, medical devices, biotech, consumer product, energy and health care industries. Ray is the global head of McDermott's Antitrust Practice, and also serves on the Management Committee and Executive Committee. Read Raymond A. Jacobsen, Jr.'s full bio.
Ryan TischRyan Tisch provides strategic antitrust counsel for boards of directors, chief executive officers and key business stakeholders as they maneuver government regulations around the world. He is known for securing approvals for significant mergers facing review in multiple jurisdictions, including some of the largest mergers in the communications, manufacturing, technology, and food and beverage industries. As the digital economy exposes traditional businesses to new competition, clients also turn to Ryan to advise on their evolving business platforms and go-to-market strategies. Read Ryan Tisch's full bio.
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