Karen Hoffman Lent and Kenneth Schwartz FTC and DOJ Suspend Early Termination of Hart-Scott-Rodino Reviews
The temporary suspension of early termination has sent a shockwave through the business and legal community. The FTC and DOJ's joint announcement was unprecedented, unexpected and its effects are only starting to be realized. Will this move be a sign of broader changes to come from the new administration or a temporary move that will soon be forgotten? Karen Hoffman Lent and Kenneth Schwartz discuss in this edition of their Antitrust Trade and Practice column.
March 08, 2021 at 12:00 PM
10 minute read
On Feb. 4, 2021, the Federal Trade Commission and Department of Justice unexpectedly issued a joint statement announcing the temporary suspension of early merger clearances under the Hart-Scott-Rodino (HSR) review process. Before this suspension, HSR filings that posed no competition concerns were routinely granted early termination and did not wait for the full 30-day period. The only prior official pauses in early termination occurred during government shutdowns, and from March 13, 2020 until March 20, 2020, when the Premerger Notification Office switched to an electronic filing system in response to the COVID-19 pandemic.
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