An Update on the Premerger Notification Program in the United States

  • Anthony J. GRECO Department of Economics and Finance University of Louisiana – Lafayette Lafayette, Louisiana, USA


The United States (US) Premerger Notification program was established by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and became operative in late 1978. This Act amended the Clayton Act to require the reporting of certain planned transactions to the US Antitrust agencies prior to their consummation. Amendments of 2001 to the threshold reporting requirements, among other things, lowered the number of proposed transactions that need be reported to the antitrust agencies. This article discusses the various features and changes in the HSR program and examines the record of compliance and effectiveness of the program since its inception.


[1] Bailey, Matthew, S. 2006. The Hart-Scott-Rodino Act: Needing a Second Opinion About Second Requests, Ohio State University. Moritz College of Law Journal, 67(2): 433-468, URI:
ISSN: 0048-1572
[2] Beddow, David, T., and Tucker, Darren, S. 2006. Recent Updates to the Hart-Scott-Rodino Act, 5 DePaul Buswess and Commercial Law Journal, 5(1) Fall 2006, Available at:
[3] Eckbo, B., Espen, and Wier, Peggy. 1985. Antimerger Policy Under the Hart-Scott-Rodino Act: A Reexamination of the Market Power Hypothesis, The Journal of Law and Economics, 28(1): 119-149. Available at SSRN:
[4] Greco, Anthony, J. 2000. Premerger Notification in the U.S.: The Hart-Scott-Rodino Antitrust Improvements Act, The Southern Business and Economic Journal - Montgomery, Ala 23(4): 284-298. ISSN 0743-779X, ZDB-ID 11166903.
[5] Howell, Andrew, G. 2002. Why Premerger Review Needed Reform and Still Does. William and Mary Law Review, Vol. 43(4) Available at:
[6] Titus, John, Warren. 1979. Stop, Look, and Listen: Premerger Notification Under The Hart-Scott-Rodino Antitrust Improvement Act, Duke Law Journal, Vol. 355, Available at:
[7] Tollison, Robert, D. 1983. Antitrust in the Reagan Administration: A Report from the Belly of the Beast, International Journal of Industrial Organization, 1(2): 211-221
***Federal Trade Commission, Annual Reports to Congress Pursuant to Section 201 of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, First through Thirty-Seventh Reports, 1978-2014
***Federal Trade Commission, Molly S. Boast, ‘Report from the Bureau of Competition,’ March 29, 2001.
***Federal Trade Commission, ‘Introductory Guides to the Premerger Notification Program,’ I, January 2002; II, October 2005; III, January 2002; and IV, 2006.
***Federal Trade Commission, ‘Revised Jurisdictional Thresholds for Section 7A of the Clayton Act, 2006.
***Hart-Scott-Rodino Antitrust Improvements Act, Section 7A, 15 U. S. C. and 18A, 1976.
***Section 630 of the Department of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, FY 2001, Pub. L. No. 106-53, 114 Stat. 2762.
How to Cite
GRECO, Anthony J.. An Update on the Premerger Notification Program in the United States. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 8, p. 1994-2009, may 2017. ISSN 2068-696X. Available at: <>. Date accessed: 14 apr. 2024.