Corporate or Non-Corporate? A New Approach To Classifying Foreign Entities Under HSR Rules
By: Premerger Notification Staff, Bureau of Competition | May 19, 2016 11:34AM
Under the Hart-Scott-Rodino (HSR) Act and Rules, determining whether a U.S. entity is a corporation or a non-corporate entity (like an LLC or LP) is relatively clear. For foreign entities, the answer is often not so clear. Yet this determination can have important implications for HSR reportability and the applicability of certain exemptions (e.g., 16 CFR §§ 802.9, 802.51).