Our Curious Amalgam
#320 What Can In-House Counsel Do To Tame the Premerger Notification Beast? Practical Suggestions for Complying With the New HSR Rules
Apr 7, 2025
Matthew J. Bester, Director of Competition Law at Accenture, and Paul Covaleski, Antitrust and Competition Counsel at Accenture, dive into the recent changes in premerger notification rules under the Hart-Scott-Rodino Act. They share practical strategies for in-house counsel to comply with new requirements, including how to effectively manage documentation and the importance of financial disclosures. Their insights highlight the collaborative effort needed to navigate these complexities, making it essential listening for professionals involved in reportable transactions.
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Quick takeaways
- In-house counsel must engage stakeholders and implement proactive strategies to comply with newly mandated disclosure requirements for HSR filings.
- Understanding and organizing documentation related to competitive overlaps and board member affiliations is crucial for navigating the complexities of the updated HSR rules.
Deep dives
Understanding New HSR Requirements
New disclosure requirements for pre-merger notifications under the Hart-Scott Act, effective February 2025, demand significant changes in the approach to compliance for in-house counsel. They highlight the necessity for counsel to socialize these changes with a broader range of stakeholders, ensuring that everyone involved is aware of their obligations. Effective pre-planning becomes critical as legal teams prepare to gather necessary documents and information, optimizing their processes to minimize disruption to business operations. In-house counsel must recognize the bifurcation of requirements based on whether the deal involves competitive overlaps, compelling them to approach HSR filings with a more structured strategy.
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