FTC and DOJ Final Rules on Premerger Notification

On July 7, the FTC and DOJ adopted final amendments to the Premerger Notification Rules and the Premerger Notification and Report Form under the Hart-Scott-Rodino Antitrust Improvements Act. The final amendments, in addition to other changes, require an acquiring company to submit information about “Associates“, the operations or investment decisions of which are commonly managed by the acquiring company. Acquiring companies will be required to report: (i) an Associate with voting securities and non-corporate interests greater than or equal to 5% but less than 50% of (a) the acquired entity and (b) entities having a six-digit NAICS industry code overlapping with the acquired entity; and (ii) the geographic information of any entity controlled by an Associate having a six-digit NAICS industry code overlapping with the acquired entity. The final amendments will be effective 30 days after publication in the Federal Register. FTC Release. FTC Final Rule.