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New US Merger Review Rules Could Require Companies to Disclose Substantially More Labor Market Information

By Caroline Burnett, Susan F. Eandi & Elizabeth Ebersole on June 30, 2023
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On Tuesday, June 27, US antitrust agencies announced proposed changes to the premerger notification form and associated instructions and rules that implement the Hart-Scott-Rodino Act. Among other things, the proposed amendments require a labor market analysis including workforce categories, geographic information, and details on labor and workplace safety violations.

The proposed amendments are intended to enable the federal agencies to better analyze the impact of a proposed merger on labor markets, and companies’ treatment of their employees. Should these changes be implemented, deals could face months of delay.

The agencies will take public comments on the proposed changes for 60 days. The new rules won’t go into effect until after the FTC and DOJ publish a final version, which is expected to take several months to complete.

For more details, please see the alert from our antitrust colleagues here.

Photo of Caroline Burnett Caroline Burnett

Caroline Burnett is a Knowledge Lawyer in Baker McKenzie’s North America Employment & Compensation Group. Caroline is passionate about analyzing trends in US and global employment law and developing innovative solutions to help multinationals stay ahead of the curve. Prior to joining Baker…

Caroline Burnett is a Knowledge Lawyer in Baker McKenzie’s North America Employment & Compensation Group. Caroline is passionate about analyzing trends in US and global employment law and developing innovative solutions to help multinationals stay ahead of the curve. Prior to joining Baker McKenzie in 2016, she had a broad employment law practice at a full-service, national firm. Caroline holds a J.D. from the University of San Francisco School of Law (2008) and a B.A. from Brown University (2002).

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Photo of Susan F. Eandi Susan F. Eandi
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Photo of Elizabeth Ebersole Elizabeth Ebersole
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  • Posted in:
    Antitrust, Competition and Trade
  • Blog:
    The Employer Report
  • Organization:
    Baker McKenzie
  • Article: View Original Source

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