When the words “Hart Scott” or “HSR” are mentioned, business executives and deal lawyers often react with indifference. While they recognize the necessity of HSR compliance before closing a transaction, it typically garners little attention unless the deal is expected to face intense scrutiny. The goal is usually to check the HSR box and move forward.
This attitude has shifted recently as the government itself has focused attention on HSR. Over the past few months, the federal government has brought a couple of notable enforcement actions for HSR violations, and the HSR form itself has changed significantly, forcing people to pay closer attention to HSR than perhaps ever before.
