The FTC Proposes Amendments to the HSR Rules That Would Redefine “Person” to Include “Associates” and Create a New "de Minimis" Exemption

14 October 2020
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Key takeaways:
  • On September 21, 2020, the Federal Trade Commission released a Notice of Proposed Rulemaking proposing significant changes to the rules implementing the Hart-Scott-Rodino Act. If approved, these changes are likely to increase the number and burden of HSR filings–particularly by private equity and other investment funds.
  • The FTC also separately issued an Advance Notice of Proposed Rulemaking inviting comment on seven diverse topics as part of its evaluation of the HSR rules, suggesting that the agencies may be contemplating further near-term amendments.