Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.

4. Results: Answers
Merger Control
7.
Penalties and sanctions
7.1
If notification is mandatory, what sanctions may be imposed for failure to notify? In practice, does the relevant authority frequently impose sanctions for failure to notify?
United States

Answer ... There is no specific deadline for making a Hart-Scott-Rodino filing. However, a transaction that requires a Hart-Scott-Rodino filing cannot legally close until the relevant waiting periods end. Indeed, a meaningful step towards transferring beneficial ownership of the relevant party or parties is illegal prior to the expiration of the Hart-Scott-Rodino waiting periods. Fines can be as high as $41,000 per day, adjusted annually for inflation. The antitrust agencies have frequently levied significant penalties for failing to comply with the Hart-Scott-Rodino Act, with some penalties exceeding $10 million.

For more information about this answer please contact: Joseph Ostoyich from Baker Botts
7.2
If there is a suspensory obligation, what sanctions may be imposed if the transaction closes while the review is ongoing?
United States

Answer ... See question 7.1

For more information about this answer please contact: Joseph Ostoyich from Baker Botts
7.3
How is compliance with conditions of approval and sanctions monitored? What sanctions may be imposed for failure to comply?
United States

Answer ... The Federal Trade Commission and the Antitrust Division of the Department of Justice subject parties to strict reporting and inspection provisions when imposing conditions or remedies on a proposed merger. In some cases, the agencies will assign a neutral monitor or, in the case of a divestiture, a trustee to better ensure compliance. In all cases, the conditions to close are associated with specific deadlines for accomplishment and with reporting requirements regarding the same. Failure to comply with the agency-defined conditions is likely to result in fines and injunctive relief.

For more information about this answer please contact: Joseph Ostoyich from Baker Botts
Contributors
Topic
Merger Control