A Tempo of (Anti) Trust? Hart-Scott-Rodino Act Filings in 2020

Given the chilling effect of COVID on the business of eDiscovery in 2020, many individuals and organizations are interested in the impact of current pandemeconomic conditions on essential audit, investigation, and litigation drivers for legal discovery. One of those drivers is the need for eDiscovery support in FTC and DOJ Second Request investigations. As Second Requests are driven from HSR Act mandated merger transaction reviews, the following HSR Act filing information and comparisons may be helpful for understanding current trends and potential trajectories driving the need for Second Requests.

en flag
nl flag
et flag
fi flag
fr flag
de flag
pt flag
ru flag
es flag

Content Assessment: A Tempo of (Anti) Trust? HSR Act Filings in 2020

Information - 95%
Insight - 95%
Relevance - 90%
Objectivity - 100%
Authority - 100%

96%

Excellent

A short percentage-based assessment of the qualitative benefit of the recent post highlighting real-time monthly HSR Act filing reporting by the FTC.

Editor’s Note: Taken from the latest published Hart-Scott-Rodino (HSR) Premerger Notification monthly filings as shared by the Federal Trade Commission (FTC), the information and numbers represented in the following post and corresponding charts may be useful for law firms, legal departments, and legal services providers seeking to understand the real-time pulse rate of Hart-Scott-Rodino Act mandated merger transaction reviews. As these reviews may lead to Second Requests, the charts may also be useful as a baseline for considering provider assertions regarding the depth, breadth, and volume of their Second Request support for this unique type of eDiscovery during specific time frames.

Annual Results Augmented by Monthly Updates

As highlighted in the July 9, 2020, blog post from the FTC, increased interest in levels of M&A activity has warranted that the Bureau of Competition’s Premerger Notification Office (PNO) share the monthly figures for Hart-Scott-Rodino (HSR) Act filings. Starting in July, the PNO began posting monthly totals of HSR Act filings for the most recent six-month period and committed to updating the numbers on a six-month rolling basis on the PNO homepage

While the Commission publicly reports monthly HSR transaction numbers in its Annual HSR Reports, those reports are prepared and published after the end of each fiscal year.

The PNO also noted that this effort would not change the regular process of adjusting the raw number of filings collected during the year in annual reporting to eliminate transactions that were not reportable, incomplete, withdrawn, or that relate to non-competitive notifications under the Act. As a result, the monthly data released may not match the monthly totals reported in the HSR Annual Report. 

Read the original blog post at Real-Time Transparency for HSR Transaction Numbers

Comparing the Operations Tempo for HSR Act Filings: Four Informational Charts

Provided for context and comparison are charts that share HSR Act related metrics for monthly filings based on real-time reporting in 2020 and annual reporting in 2019 and 2018. 

Chart 1: Monthly HSR Act Transactions Reported in the Fiscal Year 2020 (February – September)*

1 – HSR Act Merger Transactions Reported – 2020

Chart 2: Monthly HSR Act Transactions Reported in February Through September in 2018, 2019, and 2020

2 – HSR Act Merger Transactions Reported – Three Year Snapshot – February Through September

Chart 3: Monthly HSR Act Transactions Reported in the Fiscal Year 2019 (October – September)**

3 – HSR Act Merger Transactions Reported – 2019

Chart 4: Monthly HSR Act Transactions Reported in the Fiscal Year 2018 (October – September)**

4 – HSR Act Merger Transactions Reported – 2018

*Monthly Real-Time Reporting First Report is February 2020 (Monthly Running Report)

**Based on Monthly Reporting as Represented in Annual HSR Transaction Reports

Additional Reading

Source: ComplexDiscovery

Have a Request?

If you have information or offering requests that you would like to ask us about, please let us know and we will make our response to you a priority.

ComplexDiscovery is an online publication that highlights data and legal discovery insight and intelligence ranging from original research to aggregated news for use by business, information technology, and legal professionals. The highly targeted publication seeks to increase the collective understanding of readers regarding data and legal discovery information and issues and to provide an objective resource for considering trends, technologies, and services related to electronically stored information.

ComplexDiscovery OÜ is a technology marketing firm providing strategic planning and tactical execution expertise in support of data and legal discovery organizations. Registered as a private limited company in the European Union country of Estonia, one of the most digitally advanced countries in the world, ComplexDiscovery OÜ operates virtually worldwide to deliver marketing consulting and services.

A (Brand) New Approach? Considering the Framework and Structure of eDiscovery Offerings

Today’s eDiscovery providers may benefit from the lessons learned in the creation of the Sgt. Pepper’s Lonely Hearts Club Band album by creating a concept for branding and packaging their offerings within that brand in a connected, theme-based way that represents the offerings’ promise and capability in a way that is easy to understand and remember.



Check Out the New Approach Now!

Interested in Contributing?

ComplexDiscovery combines original industry research with curated expert articles to create an informational resource that helps legal, business, and information technology professionals better understand the business and practice of data discovery and legal discovery.

All contributions are invested to support the development and distribution of ComplexDiscovery content. Contributors can make as many article contributions as they like, but will not be asked to register and pay until their contribution reaches $5.

New Rules? The European Regulation on Data Governance

According to the European Commission, the proposed Regulation on Data Governance...

The Price of Success? The eDiscovery Pricing Survey (Winter 2021)

Based on the complexity of data and legal discovery, it is...

Deep State? Thirteen Research Reports on the State of eDiscovery Business in 2020

As part of its coverage of the business of eDiscovery, ComplexDiscovery...

X-Road® In Alignment with Digital Public Goods Standard

X-Road® implements a set of standard features to support and facilitate...

A Running List: Top 100+ eDiscovery Providers

Based on a compilation of research from analyst firms and industry...

The eDisclosure Systems Buyers Guide – 2020 Edition (Andrew Haslam)

Authored by industry expert Andrew Haslam, the eDisclosure Buyers Guide continues...

The Race to the Starting Line? Recent Secure Remote Review Announcements

Not all secure remote review offerings are equal as the apparent...

Enabling Remote eDiscovery? A Snapshot of DaaS

Desktop as a Service (DaaS) providers are becoming important contributors to...

A New Era in eDiscovery? Framing Market Growth Through the Lens of Six Eras

There are many excellent resources for considering chronological and historiographical approaches...

An eDiscovery Market Size Mashup: 2020-2025 Worldwide Software and Services Overview

While the Compound Annual Growth Rate (CAGR) for worldwide eDiscovery software...

Resetting the Baseline? eDiscovery Market Size Adjustments for 2020

An unanticipated pandemeconomic-driven retraction in eDiscovery spending during 2020 has resulted...

Home or Away? New eDiscovery Collection Market Sizing and Pricing Considerations

One of the key home (onsite) or away (remote) decisions that...

The Price of Success? The eDiscovery Pricing Survey (Winter 2021)

Based on the complexity of data and legal discovery, it is...

Deep State? Thirteen Research Reports on the State of eDiscovery Business in 2020

As part of its coverage of the business of eDiscovery, ComplexDiscovery...

A Season of Change? Eighteen Observations on eDiscovery Business Confidence in the Fall of 2020

In the fall of 2020, 77.2% of eDiscovery Business Confidence Survey...

The Continuing Case of Budgetary Constraints in the Business of eDiscovery

In the fall of 2020, 49.4% of respondents viewed budgetary constraints...

Epiq Acquires Hyperion Global Partners

According to Ziad Mantoura, SVP and General Manager for Epiq's legal...

Smarsh Acquires Digital Reasoning

According to the media release, Tim Estes, Founder and CEO of...

Reynen Court Secures Additional Funding

According to the media release, Reynen Court has secured $4.5 million...

DISCO Raises $60 Million

According to the media release, DISCO will use this investment to...

Five Great Reads on eDiscovery for November 2020

From market sizing and cyber law to industry investments and customer...

Five Great Reads on eDiscovery for October 2020

From business confidence and captive ALSPs to digital republics and mass...

Five Great Reads on eDiscovery for September 2020

From cloud forensics and cyber defense to social media and surveys,...

Five Great Reads on eDiscovery for August 2020

From predictive coding and artificial intelligence to antitrust investigations and malware,...