Antitrust practitioners involved in mergers and acquisitions are familiar with the requirement to submit premerger notification forms to the Federal Trade Commission (FTC) and the Department of Justice's Antitrust Division. The FTC has announced that it unanimously voted to update the information required on these HSR Forms, as noted in a rulemaking published in the Federal Register on November 12. These changes will take effect on February 10, 2025.

The modifications to the HSR Form and Instructions will necessitate adjustments for both internal and external practitioners. To facilitate this transition, the FTC’s Premerger Notification Office (PNO) is planning steps to minimize disruption or delays in processing new forms. Until February 10, 2025, filers should continue using the current form and instructions. However, those preparing deals that will be notified after this date should start planning for submissions with the new form.

The PNO plans to provide a detailed overview of these changes on its website soon. This guidance aims to help practitioners understand the new requirements. Following this publication, practitioners will be invited to submit questions of broad applicability, with answers posted by PNO staff online. Additional updates related to form-related guidance and tips will also be provided as promptly as possible. Some procedures remain unchanged; for instance, filings will still be submitted via the Kiteworks platform, and filing fees will continue to be processed in their current manner.

Practitioners are encouraged to monitor the PNO website for further developments over the coming months.