Client Alerts

Navigating the Temporary Rules for Hart-Scott-Rodino Notifications

Client Alerts | March 19, 2020 | Mergers & Acquisitions | Investor Activism

As part of the federal government’s response to the COVID-19 coronavirus pandemic, effective as of March 17, 2020, and until further notice, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) have enacted temporary rules governing the submission and processing of Notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR”). [1]

Among the most critical features of this temporary system are:

  • Notifications will be accepted only via electronic submission. The traditional requirements for filing multiple physical copies of the Notification are suspended, although submitting parties may be asked to supplement their Notifications with physical filings once the temporary procedures end.
  • The FTC and DOJ offices are not open for business, and almost all personnel are working remotely. The adjustment to a remote working arrangement may not be an entirely smooth process.
  • Submitting parties may receive second requests for additional documentation under circumstances where second requests may not have been made previously, thus potentially extending the time the agencies have to review the Notification.
  • No early terminations will be granted for the duration of these temporary procedures. That means everyone will face at least the full thirty-day waiting period, and may in fact experience delays beyond that because of technological or staffing limitations.

We understand that these are challenging times for our clients and friends. Kleinberg Kaplan has been diligently monitoring the updates and developments pertaining to COVID-19 and the potential impact for our clients. We will continue to provide updates as the situation develops.

Kleinberg Kaplan’s experienced HSR attorneys remain ready to help you navigate the temporary HSR Notification process, and are available to speak about any questions or concerns you may have.


[1]  The FTC’s full COVID-19 guidance for filing parties can be viewed here: