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Proposed Rule2023-135112023-06-29

Premerger Notification; Reporting and Waiting Period Requirements

Federal Trade Commission

Abstract

Pursuant to Section 7A(d) of the Clayton Act, the Federal Trade Commission ("FTC" or "Commission") is proposing amendments to the premerger notification rules ("the Rules") that implement the Hart-Scott-Rodino Antitrust Improvements Act ("the Act" or "HSR") and to the Premerger Notification and Report Form (the "Form") and Instructions ("Instructions"). These proposed changes would result in a redesign of the premerger notification process through both a reorganization of the information currently required and the addition of new information and document requirements. In addition, these changes would implement the Merger Filing Fee Modernization Act of 2022. The proposed amendments would involve changes to both the Rules and the Instructions, and the Commission proposes explanatory and ministerial changes to the Rules as well as necessary amendments to the Instructions to effect the proposed changes.

Action & Dates

Action
Notice of proposed rulemaking.
Dates
Comments must be received on or before August 28, 2023.

CFR References

Topics

Antitrust

Public Comment

Comments Close
2023-08-28

Document Excerpt

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Federal Trade Commission 16 CFR Parts 801 and 803 RIN 3084-AB46 AGENCY: Federal Trade Commission. ACTION: Notice of proposed rulemaking. SUMMARY: Pursuant to Section 7A(d) of the Clayton Act, the Federal Trade Commission (“FTC” or “Commission”) is proposing amendments to the premerger notification rules (“the Rules”) that implement the Hart-Scott-Rodino Antitrust Improvements Act (“the Act” or “HSR”) and to the Premerger Notification and Report Form (the “Form”) and Instructions (“Instructions”). These proposed changes would result in a redesign of the premerger notification process through both a reorganization of the information currently required and the addition of new information and document requirements. In addition, these changes would implement the Merger Filing Fee Modernization Act of 2022. The proposed amendments would involve changes to both the Rules and the Instructions, and the Commission proposes explanatory and ministerial changes to the Rules as well as necessary amendments to the Instructions to effect the proposed changes. DATES: Comments must be received on or before August 28, 2023. ADDRESSES: Interested parties may file a comment online or on paper, by following the instructions in the Invitation to Comment part of the SUPPLEMENTARY INFORMATION section below. Write “ 16 CFR Parts 801-803 —Hart-Scott-Rodino Coverage, Exemption, and Transmittal Rules, Project

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Full Document

Citation: 88 FR 42178