New Year, New Rules: Planning for the New HSR Notification Rules and Form

The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have adopted the long-awaited Final Rule which modifies the requirements for filings under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976. Although the changes required by the Final Rule are less extensive than those originally proposed more than a year ago, the Final Rule will significantly increase both the cost and the time required to prepare HSR filings by increasing the amount of information and the types of documents that companies will need to collect and produce to complete their filings.

Join us to hear from HSR practitioners at Akerman as they discuss the new HSR requirements related to:

(1) collecting and providing competitive analysis documents from a broader scope of custodians and “ordinary course” documents related to competition;

(2) submitting descriptive information about the parties’ products, services, competitive overlaps, and supplier-customer relationships;

(3) providing the strategic rationale for transactions;

(4) submitting detailed ownership and shareholder structure;

(5) attaching detailed descriptions of the transaction agreement and certain other draft agreements;

(6) providing greater details about past acquisitions; and

(7) identifying foreign merger control filings.

Speakers:

Austin A.B. Ownbey, Partner

Austin Ownbey is an antitrust regulatory practitioner. He counsels clients on a wide range of competition and antitrust issues, including the review of mergers and other enforcement matters before competition agencies in the United States and around the world. Austin has worked with clients across a broad array of industries including healthcare, pharmaceuticals, private equity, venture capital, technology, and energy. Austin has almost 20 years of experience with HSR filings. He received his J.D. from University of Michigan Law School and B.A. from Oberlin College.

Evelina Gentry, Partner

Evelina Gentry is a litigator, who provides clients with strategic counsel and creative solutions to complex legal problems. She focuses on high-stake complex commercial litigation, corporate disputes, and bankruptcy litigation. She also has substantial private equity experience. She received her J.D. from Loyola Law School and M.A. from Adam Mickiewicz University in Poznań.

Carlos M. de la Cruz III, Associate

Carlos de la Cruz focuses his practice on M&A, private equity investments, joint ventures and day-to-day corporate governance matters. He has counseled public, private, and start-up companies in a variety of corporate matters including M&A, restructurings and financings. Carlos also counsels clients on competition and antitrust issues, including the review of merger matters before competition agencies. He received his J.D. from Cornell Law School and B.S. from The Wharton School of the University of Pennsylvania.