The new premerger notification regime will change M&A strategy
On 10 October 2024, the Federal Trade Commission will issue new final rules that govern the US premerger filing process. These rules, the first major overhaul of the Hart-Scott-Rodino filing form in nearly 50 years of the HSR Act, will fundamentally change the premerger notifications process. The rules do not include some of the more extreme elements proposed in the draft rules for 2023, but they still impose a greater burden on the filing parties than under the current filing regime. The changes will affect all parties who are required to notify transactions in accordance with the HSR Act.