HSR and Antitrust Considerations for Private Equity Firms in M&A Transactions

By Malika Levarlet, Leo Caseria & Ariel Yehezkel

An increasing number of M&A transactions each year involve private equity firms. The parties in private equity deals must be cognizant of the filing requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) and the substantive requirements of the Clayton Act § 7. Over the years, the HSR rules have been modified to target certain information specific to private equity firms and generally have been add