Today, the U.S. Chamber of Commerce released an economic analysis of the increased burden faced by merging companies under the Department of Justice and Federal Trade Commission’s (collectively “antitrust agencies) updated HSR forms. The agencies changes to the merger notification form will make it more difficult for U.S. companies to raise capital and be competitive. These disclosure requirements will mire every merger in government red tape. With more than 2,000 mergers filed in a typical year, the vast majority of which present no antitrust concerns, this new form is not about enhancing merger enforcement but controlling mergers beyond the scope and intent of the law.According to our analysis, this new merger notification form will lead to substantial additional direct monetary costs for HSR filers that could total over $2 billion. These additional costs will be borne by all filers, not just the very small fraction the Agencies identify each year for further investigation. The Prop
