Latest HSR Filing Ever? After 45-year Delay, Revised HSR Final Rule Issued

On October 10, 2024, the Federal Trade Commission (FTC) issued its Final HSR Rule, which substantially overhauls the HSR filing requirements and represents the most significant changes to the HSR filing regime since the Hart-Scott-Rodino Act (HSR) was enacted over 45 years ago. The FTC voted unanimously in favor of the Final Rule, with the concurrence of the Department of Justice (DOJ). The Final HSR Rule was published in the Federal Register and is scheduled to go into effect on February 10, 2025. See 89 Fed. Reg. 89216.

As a result of the issuance of the Final HSR Rule, there will be substantial changes to HSR filings and related practice. In addition to substantial changes to the form, its requests, and the definitions, the FTC announced it will reinstitute its Early Termination program.

Practical Guidance can help you understand the changes, and we will be updating our materials to coincide with the implementation of the Final HSR Rule.

To keep up to date with the latest efforts of the agencies on merger enforcement, follow the DOJ/FTC Antitrust Case Tracker (Merger) and Hart-Scott-Rodino (HSR) Act Enforcement Actions and Penalties Tracker.

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