Key Takeaways from Latest HSR Data: A Continuation of Biden Administration Trends

On the same day it released its final Hart-Scott-Rodino Act (HSR) Rules, the Federal Trade Commission (FTC) released the Hart-Scott-Rodino Annual Report for Fiscal Year 2023, which includes Hart-Scott-Rodino Act filing statistics for the most recent year available (October 1, 2022 to September 30, 2023) and provides a rich dataset to assess the outcome of the US Department of Justice and FTC’s enforcement efforts.

In this report, we examine key takeaways of the HSR Annual Report and discuss the implications for dealmakers in this enforcement environment, including information to drive deal planning, antitrust risk allocation, and termination provisions in transactional agreements.