FTC and DOJ Overhaul Hart-Scott-Rodino Merger Notification Program, Increasing Compliance Costs Amid Biden Administration Trends

The U.S. antitrust regulators, namely the Federal Trade Commission (FTC) and the Department of Justice (DOJ), are implementing significant changes to the merger notification program under the Hart-Scott-Rodino (HSR) Act. These updates are designed to enhance the regulators' ability to identify potentially problematic mergers that may violate antitrust laws. However, critics argue that the new rules will substantially increase the compliance burden and costs for companies seeking to file for mergers. Legal experts indicate that these changes align with ongoing trends observed during the Biden administration, reflecting a more stringent approach to merger oversight. Recent analyses highlight the implications of these new requirements for companies and their legal counsel, suggesting a need for heightened diligence in compliance efforts.