The Hart-Scott-Rodino Act established the federal premerger notification program, which provides the FTC and the Department of Justice with information about large mergers and acquisitions before they occur. The parties to certain proposed transactions must submit premerger notification to the FTC and DOJ. Premerger notification involves completing an HSR Form, also called a “Notification and Report Form for Certain Mergers and Acquisitions,” with information about each company’s business. The parties may not close their deal until the waiting period outlined in the HSR Act has passed, or the government has granted early termination of the waiting period. For more information about the program, read our Introductory Guides. The FTC administers the premerger notification program, and the staff of the Premerger Notification Office is available to answer questions about how and when to file.
When the Premerger Office moves to its new home on April 28, 2014, messengers delivering HSR filings will have to comply with new security procedures. These procedures, as well as maps to the new office, are available here.
Withdraw/Refile procedure tip sheet now available. (March 21, 2014)
The Premerger Office is moving! As part of the consolidation of FTC staff, the Premerger Notification Office will be moving to new offices on the 5th floor of the Constitution Center on April 28. For more details, see our new blog post here. We will be providing additional information, including new security procedures for filing delivery, on this page and on the blog in the coming weeks.
The FTC has a new blog reporting on competition matters at the FTC. The PNO has contributed two posts: HSR threshold adjustments and reportability and Location and Value of Patents. To follow all the posts from the PNO, bookmark this link.
Revised thresholds are now in effect. (Feb. 24, 2014)
The new HSR thresholds for 2014 have been published in the Federal Register with an effective date of February 24, 2014.
Effective immediately, all filing fee questions should be directed to Theresa Kingsberry at firstname.lastname@example.org or at 202-326-3100. Thank you.
- Effective January 2, 2014, brand name drug manufacturers and generic drug applicants who file certain agreements with the Antitrust Agencies under the Medicare Prescription Drug and Improvement Act should complete the MMA Cover Sheet and attach it to the agreement prior to filing. See full instructions here.
- FTC Finalizes Amendments to the Premerger Notification Rules Related to the Transfer of Exclusive Patent Rights in the Pharmaceutical Industry (November 6, 2013)
- When submitting an explanation letter for a corrective filing, please submit the letter at the same time as the filing.
- The 2012 HSR Annual Report is now available.
- Comments on the Proposed Rules related to patent rights in the Pharmaceutical industry are available.
- Proposed Amendments to the Premerger Rules Related to the Transfer of Patent Rights in the Pharmaceutical Industry
- PNO News Archive