HSR and Antitrust Considerations for Private Equity Firms in M&A Transactions

By Malika Levarlet, Leo Caseria & Ariel Yehezkel

An increasing number of M&A transactions each year involve private equity firms. The parties in private equity deals must be cognizant of the filing requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) and the substantive requirements of the Clayton Act § 7. Over the years, the HSR rules have been modified to target certain information specific to private equity firms and generally have been adding to the burden of the filing parties in private equity transactions. The requirements sometimes differ from those applicable to deals that do not involve private equity firms. This article discusses some of the HSR and antitrust issues that should be considered, and frequently arise, in private equity transactions.

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