DOJ Issues a $250 Million Reminder About HSR Compliance in M&A Transactions
The Department of Justice’s recent settlement with KKR serves as a reminder that preparing and submitting pre-merger notification filings pursuant to the Hart-Scott-Rodino (HSR) Act may not be the most exciting part of an M&A deal, but it can be among the most consequential. According to the government’s allegations, KKR engaged in a series of HSR compliance failures across at least 16 transactions, including omitted documents, altered documents, and, in some instances, a failure to make required filings altogether.