Introductory note
Article Abstract:
The two primary issues regarding the premerger notification provisions enacted under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 that are of interest 20 years later are the burden imposed on merging parties and the shift from public to private law. The number of mergers reviewed under the Act has increased, but overinclusiveness may be an essential component of the review process. Merger review has occurred at the enforcement agencies instead of in litigation, reducing the level of case law developed, but merging parties have favored consent decrees over litigation.
Publication Name: Antitrust Law Journal
Subject: Law
ISSN: 0003-6056
Year: 1997
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Some reflections on, and modest proposals for reform of, the Hart-Scott-Rodino premerger notification program
Article Abstract:
Reforms to the premerger notification system implemented by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 could reduce the costs imposed on businesses and enforcement agencies by focusing enforcement efforts on the most significant mergers. The thresholds for firm size and transaction size triggering review should be revised upward. Additional reforms could include excluding new entity formation from review, simplifying the notification form, treating corporations and partnerships uniformly, and reducing unneeded public disclosure.
Publication Name: Antitrust Law Journal
Subject: Law
ISSN: 0003-6056
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
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