FTC Approves 2011 HSR Premerger Notification Report Showing 24 Percent Increase in Filings Compared to 2010

The Federal Trade Commission, with the concurrence of the Department of Justice’s Assistant Attorney General for Antitrust, has released the agencies’ fiscal year 2011 report on their review of mergers under the Hart-Scott-Rodino (HSR) Premerger Notification Program. The report shows that the number of transactions reported to the agencies grew by 24 percent – from 1,166 in FY 2010 to 1,450 in FY 2011 – the second consecutive year the number of reported transactions increased.

The 34th Hart-Scott-Rodino Annual Report (Fiscal Year 2011) summarizes enforcement activities between October 1, 2010 and September 30, 2011, and reviews the agencies’ activities to ensure that companies are complying with the premerger notification rules and procedures.

A statistical table in the report presents data profiling HSR filings and enforcement interest during FY 2011. Appendices provide a summary of transactions for fiscal years 2002-2011, and the number of transactions reported as filings by month during this time.

The report also describes the HSR Act and provides an overview of how the federal antitrust agencies have implemented the Act since it was enacted in the late 1970s. It concludes with an assessment that, as Congress intended, the HSR Act continues to give the government the opportunity to investigate and challenge mergers that are likely to harm consumers before injury occurs. The Commission vote to issue the report was 5-0.

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