Merger & Acquisition Information

Pre-Merger Introductory Guides
Provides an overview of the Pre-merger notification process. Also explains the requirements for filing notification and gives a model request for information on the subject. An FAQ section is included.

Merger Guidelines
These Guidelines (bottom of page) outline the present enforcement policy of the Department of Justice and the Federal Trade Commission (the "Agency") concerning horizontal acquisitions and mergers ("mergers") subject to section 7 of the Clayton Act, to section 1 of the Sherman Act, or to section 5 of the FTC Act. They describe the analytical framework and specific standards normally used by the Agency in analyzing mergers.

Hart-Scott Rodino Act Rules
Recent reforms to the HSR Act of 1976 and their effects of the Federal Trade Commission’s policies and processes regarding pre-merger notification.

Early Termination Notices
The Early Termination Notices under Pre-Merger, Hart-Scott-Rodino Act, are listed in "reverse chronological" order, latest notice first. For your convenience, a searchable index of Early Termination Notices since January 1998 is available.

Premerger Notification Letters
The Premerger Notification Office ("PNO") gives informal advice on the potential reportability of transactions and on completion of the Notification and Report Form. To confirm the advice given, the private bar often memorializes the interpretation in a follow-up letter stating the factual situation, the questions raised, and the advice given. You can obtain redacted copies of these letters, which are posted in pdf and wordperfect formats, by searching for the rule number or key words in the text of the letter.

Department of Justice Antitrust Division
The United States Department of Justice ("DOJ") institutes criminal and civil actions against companies violating antitrust laws. The Federal Trade Commission does not maintain records from antitrust actions carried out by the DOJ. Publicly available materials can be obtained from the DOJ website.

National Association of Attorneys General
The National Association of Attorneys General ('NAAG") institutes and coordinates antitrust actions against companies on behalf of the Attorneys General of the 50 states.