As the September 30, 2023, deadline for U.S. Congress to enact appropriations to fund the federal government approaches, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have issued contingency plans detailing the impact of a federal government shutdown on antitrust enforcement, including the processing and review of notifications made pursuant to the Hart-Scott-Rodino (HSR) Act.1
Key Takeaways:
Parties with transactions that are likely to sign during the government shutdown should consider HSR strategy, including the potential for delays or other complications. If your company has questions about the government shutdown’s impact on HSR filings or antitrust enforcement activities, please contact Beau Buffier, Michelle Yost Hale, Ben Labow, Kim Biagioli, or another member of the antitrust and competition practice at Wilson Sonsini Goodrich & Rosati.
[1] https://www.justice.gov/jmd/page/file/1015676/download; https://www.ftc.gov/system/files/ftc_gov/pdf/FTC%20Shutdown%20Plan.pdf.