Konkurencja i konsument · 28.07.1995

Premerger Notification; Reporting and Waiting Period Requirements

This notice proposes amendments to the premerger notification rules that require the parties to certain mergers or acquisitions to file reports with the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice and to wait a specified period of time before consummating such transactions. The reporting and waiting period requirements are intended to enable these enforcement agencies to determine whether a proposed merger or acquisition may violate the antitrust laws if consummated and, when appropriate, to seek a preliminary injunction in federal court to prevent consummation. This notice seeks comments on five proposed rules that would define or create exemptions to the requirements imposed by the act. These proposed rules have been developed to clarify the types of transactions that are in the ordinary course of business of the parties to the transaction and are exempt under section 7A(c)(1) of the Hart-Scott- Rodino-Act. They also provide several new exemptions under section 7A(d)(2)(B) for certain types of acquisitions of realty and carbon- based mineral reserves that appear unlikely to violate the antitrust laws