On August 26, 2016 the Federal Trade Commission published
amendments to the Hart-Scott-Rodino ("HSR") Premerger
Notification Rules, which streamline the instructions to the HSR
form and make it easier for parties to file. The amended rules,
which went into effect on September 1, 2016, now allow parties to
submit the HSR form and all accompanying documents on digital video
/ versatile disc ("DVD"). By allowing DVD submissions and
eliminating the need to submit multiple hard copies of each filing
to the FTC and Department of Justice, the amended rules create a
more efficient and cost-effective means of completing HSR filings.
The Commission will continue to accept paper filings, but will not
accept filings submitted partially on DVD and partially on
When submitting a DVD filing, the filing party must:
Provide the FTC with two (2) DVDs,
each containing the Form, affidavit, certification, and all
documentary attachments, AND the original hard copies of the cover
letter, certification, and affidavit.
Provide the DOJ with two (2) DVDs,
each containing the same content submitted to the FTC, AND three
(3) hard copies of the cover letter.
The amended rules also include minor non-substantive updates to
the HSR Form instructions intended to eliminate confusion for
filing parties by clarifying and simplifying the language of the
instructions. Hughes Hubbard's Antitrust & Competition
Practice Group has extensive experience with HSR filings and would
be pleased to provide guidance and assistance in interpreting and
implementing the new rules.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In recent years, China's National Development and Reform Commission (NDRC), the antitrust enforcement agency responsible for price-related monopoly conduct, has cracked down on resale price maintenance (RPM) through a series of enforcement actions.
While we wait for the UK to clarify what sort of relationship it will be seeking with the EU after Brexit, it may be useful to highlight what appear to be the main consequences for the enforcement of competition law.
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