Calculate deadlines for federal antitrust proceedings, merger reviews, DOJ/FTC investigations, and competition law compliance requirements.
Antitrust proceeding or merger review deadline
Federal CourtsHart-Scott-Rodino premerger notification
No later than closingMust file before transaction consummation
Standard HSR waiting period
30 daysFrom substantial compliance with HSR filing
Response to DOJ/FTC second request
30 daysFrom second request service (extendable)
Federal court antitrust cases
21 daysAnswer to complaint under FRCP
Effective antitrust planning begins in transaction structuring. Consider HSR thresholds, jurisdictional requirements, and potential competitive concerns early in the deal process to optimize timing and regulatory strategy.
Proactive engagement with DOJ or FTC can help identify and address competitive concerns before formal investigation. Consider white papers, economist presentations, and early dialogue to shape agency understanding.
Second requests require substantial resources and coordination. Develop comprehensive document retention and production strategies, coordinate with business operations, and manage privilege and confidentiality issues effectively.
If agencies challenge transactions, assess federal court litigation risks including preliminary injunction standards, merger-specific discovery rules, and expedited trial schedules common in merger challenges.
Determine the type of antitrust proceeding: DOJ/FTC investigation, merger review, Hart-Scott-Rodino filing, or federal antitrust litigation.
Input the date of the merger agreement, transaction closing, investigation notice, or other triggering event for antitrust deadline calculations.
Identify relevant antitrust statutes: Sherman Act, Clayton Act, FTC Act, or Hart-Scott-Rodino Antitrust Improvements Act requirements.
Consider Hart-Scott-Rodino premerger notification requirements, waiting periods, and federal agency review processes under antitrust regulations.
Apply appropriate deadlines for HSR filings, second request responses, DOJ/FTC investigation responses, or federal court antitrust litigation.
Account for initial waiting periods, second request procedures, potential litigation risks, and agency review timelines for complex transactions.