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    Content Assessment: Low Tide? A Hart-Scott-Rodino Act Transaction Update (June 2022)

    Information - 90%
    Insight - 89%
    Relevance - 92%
    Objectivity - 91%
    Authority - 95%

    91%

    Excellent

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

    Editor’s Note: The Hart-Scott-Rodino Act established the federal premerger notification program, which provides the FTC and the Department of Justice with information about large mergers and acquisitions before they occur. The parties to certain proposed transactions must submit premerger notification to the FTC and DOJ. Premerger notification involves completing an HSR Form, also called a “Notification and Report Form for Certain Mergers and Acquisitions,” with information about each company’s business. The parties may not close their deal until the waiting period outlined in the HSR Act has passed, or the government has granted early termination of the waiting period.


    Industry Update

    A Hart-Scott-Rodino Act Transaction Update (June 2022)

    Federal Trade Commission

    Taken from the latest published Hart-Scott-Rodino (HSR) Premerger Notification monthly transactions as shared by the Federal Trade Commission (FTC) and augmented by released annual reports, the following transaction information 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.

    Comparing the Operations Tempo for HSR Act Transactions: Informational Charts

    Provided for context and comparison are charts that share HSR Act-related metrics for monthly filings based on real-time reporting in fiscal years (FY) 2022 and 2021 and annual reporting in 2020, 2019, and 2018.


    Chart 1: Monthly HSR Act Transactions Reported in the Fiscal Year 2022 (October-September)*

    1 - HSR Act Merger Transactions Reported - June 2022

    Chart 2: Monthly HSR Act Transactions Reported in the Fiscal Year 2021 (October-September)*

    2 - HSR Act Merger Transactions Reported - 2021

    Chart 3: Monthly HSR Act Transactions Reported in the Fiscal Year 2020 (October – September)**

    3 - HSR Act Merger Transactions Reported - 2020

    Chart 4: COVID Constraints: HSR Act Transactions Reported During Current Pandemic (February FY 2020 – June FY 2022)*/**

    4 - COVID Constraints - HSR Act Merger Transactions Reported - FY 2020-22 June 2022

    Chart 5: Monthly HSR Act Transactions Reported in the Fiscal Year 2019 (October – September)**

    5 - HSR Act Merger Transactions Reported - 2019

    Chart 6: Monthly HSR Act Transactions Reported in the Fiscal Year 2018 (October – September)**

    6 - HSR Act Merger Transactions Reported - 2018

    Chart 7: HSR Act Annual Transactions Reported in Fiscal Years 2000 – 2022*/***

    7 - HSR Act Merger Annual Transactions Reported - 2000 - 2022 - June Update

    Chart 8: HSR Act Reported Second Requests in Fiscal Years 2000 – 2020

    8 - Number of HSR Act Second Requests - Over Time

    Chart 9: HSR Act Reported Second Requests by the FTC in Fiscal Years 2000 – 2020)***

    9 - Number of HSR Act Second Requests - FTC - Over Time

    Chart 10: HSR Act Reported Second Requests by the DOJ in Fiscal Years 2000 – 2020***

    10 - Number of HSR Act Second Requests - DOJ - Over Time

    Chart 11: Percentage of Transactions Resulting in HSR Act Report Second Requests in Fiscal Years 2000 – 2020***

    11 - Percentage of Transactions Resulting in HSR Act Second Requests - Over Time

    *Monthly Real-Time Reporting First Report is October 2019 (Monthly Running Report)
    **Based on Monthly Reporting as Represented in Annual HSR Transaction Reports
    ***Based on Annual Reporting as Represented in Final Annual HSR Transaction Reports.


    Additional Reading

    Source: ComplexDiscovery


     

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    ComplexDiscovery is an online publication that highlights cyber, data, and legal discovery insight and intelligence ranging from original research to aggregated news for use by cybersecurity, information governance, and eDiscovery professionals. The highly targeted publication seeks to increase the collective understanding of readers regarding cyber, 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 cyber, data, and legal discovery organizations. Focused primarily on supporting the ComplexDiscovery publication, the company is registered as a private limited company in the European Union country of Estonia, one of the most digitally advanced countries in the world. The company operates virtually worldwide to deliver marketing consulting and services.

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