Hart-Scott-Rodino (Premerger Notification) Rules and Report Form

Forms and Documents

Document Name	Status
Form C4 Non-index Filings Form	Unchanged
HSR Final Rule _ Supporting Statement-2024-FINAL.pdf Supporting Statement A	2024-11-12
Acquired Person Form Oct 2024 FINAL.pdf Supplementary Document	2024-11-07
Acquiring Person Instructions Oct 2024 FINAL.pdf Supplementary Document	2024-11-07
Acquired Person Form Oct 2024 FINAL.pdf Supplementary Document	2024-11-07
Acquired Person Instructions Oct 2024 FINAL.pdf Supplementary Document	2024-11-07

IC Document Collections

IC ID	Document Title	Status
42609	Non-index Filings Form	Unchanged
272194	Non-Index Filings-Final Rule-2024	New
207722	Non-index filing for a withdrawn transaction not employing the two-day resubmission process	Unchanged
179429	Index Filings	Unchanged

ICR Details

OMB Control No: 3084-0005	ICR Reference No: 202411-3084-001
Status: Received in OIRA	Previous ICR Reference No: 202211-3084-002
Agency/Subagency: FTC	Agency Tracking No:
Title: Hart-Scott-Rodino (Premerger Notification) Rules and Report Form
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/12/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2026
Responses	10,624	7,109
Time Burden (Hours)	501,599	262,579
Cost Burden (Dollars)	0	0

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Abstract: The Federal Trade Commission (“FTC” or “Commission”) seeks Office of Management and Budget (“OMB”) clearance for revised reporting requirements under its Hart-Scott-Rodino Antitrust Improvements Act Rules and corresponding Premerger Notification and Report Form for Certain Mergers and Acquisitions. On June 29, 2023, the FTC submitted a Notice of Proposed Rulemaking (“NPRM”) and an accompanying Supporting Statement to the OMB for review under the Paperwork Reduction Act (“PRA”). On July 7, 2023, OMB directed the Commission to resubmit its request when the proposed rule was finalized. The Final Rule was promulgated on November 12, 2024, and will be effective on February 10, 2025. The Commission is now submitting the Final Rule amendments and a Supplemental Supporting Statement to OMB.

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Authorizing Statute(s): PL: Pub.L. 94 - 435 90 Stat. 1390 Name of Law: Hart-Scott-Rodino Antitrust Improvements Act of 1976
   US Code: 15 USC 18a Name of Law: Clayton Act
  

Citations for New Statutory Requirements: US Code: 15 USC 18b Name of Law: Merger Filing Fee Modernization Act of 2022

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3084-AB46	Final or interim final rulemaking	89 FR 89216	11/12/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Index Filings
Non-Index Filings-Final Rule-2024
Non-index Filings	C4	Notification and Form for Certain Mergers and Acquisitions
Non-index filing for a withdrawn transaction not employing the two-day resubmission process

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	10,624	7,109	0	3,515	0	0
Annual Time Burden (Hours)	501,599	262,579	0	239,020	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The changes to the HSR Rules and Notification and Report Form are expected to increase the burden on the affected members of the public by 239,020 annual hours from the currently cleared amount of 262,579 annual hours. The currently cleared total annual labor costs (currently estimated at $120,786,340) would increase by approximately $139,300,000.

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Annual Cost to Federal Government: $8,110,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/12/2024

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