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Date
Rule
New HSR Form - Transaction-Related Documents
Staff
Premerger Notification Office
Response/Comments

Please stamp/label the Excel documents per your past practice (i.e., provide the label in a new tab of the Excel and only provide the native Excel file). Your submission is not limited to a max of 50 documents; however, there is a file size limit (1 GB) on submissions, so if you anticipate filing 300+ documents you may still need to break it into multiple submissions.

Question

We have a review platform and reviewers reviewing a large number of documents for an upcoming HSR filing. The e-discovery team is inquiring on whether they need to provide a PDF slipsheet with the stamp and produce the excel documents as a native OR is this even acceptable? In my experience, we have always stamped documents in a new tab on the excel sheet and ONLY provided the native excel file.

Additionally, if the filing is 300+ documents, do we still need to submit the filing in multiple submissions (“1 of 2”, “2 of 2”, etc.) with a max of 50 documents, or has this requirement been eliminated?

Any guidance is appreciated. 

About Informal Interpretations

Informal interpretations provide guidance from PNO staff on the applicability of the HSR rules to specific fact situations. They do not necessarily reflect the position of the Commission. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice. 

Learn more about Informal Interpretations.