Due to the developing COVID-19 coronavirus pandemic, and with guidance from the Office of Personnel Management, the Premerger Notification Office (PNO) is implementing a temporary e-filing system for submission of HSR filings.
Starting at 5PM on Friday, March 13, 2020, all hard copy and DVD submissions are suspended. The PNO and DOJ will not accept any filings on Monday, March 16, 2020.
Starting on Tuesday, March 17 at 8:30AM, all HSR filings must be submitted via Accellion to the Agencies. The procedure will operate as follows:
- To submit an HSR filing, filers must email Premerger@ftc.gov and request a link. Please use “Request for HSR Filing Link” in the subject line. The person requesting the link does not have to be the Item 1(g) contact attorney.
- Filers will receive an email from the FTC. The email will contain a link that will load a form. (For first time users, you will be prompted to select a password.)
- Filers will add all the HSR filing docs and when ready, hit Submit.
- Include scans of the original signature pages among the files. Go ahead and mail the originals to the PNO so we’ll have them when we return.
- Please use the following naming convention in the Subject Line: Attorney ### - Parties – Acquired or Acquiring – Date. So, for example: “JONES 001 – A Company-B Company – Acquiring – 03-22-20”. The ### should be sequential starting at 001 and increasing for each filing submitted by that attorney.
- All documents submitted must be named and in such formats as required by the DVD filing requirements.
- The documents will be uploaded to the cloud and sent simultaneously to the FTC and DOJ premerger offices.
- Please note: You may only submit one filing per link. You will need to request a new link for every new filing you wish to submit.
- E-signatures are acceptable on the certification and affidavit for the duration of this emergency
- Withdraw/refile letters should be submitted as normal.
- We will supply the link for the contents of a refile upon request.
- DO NOT submit zip files.
- Be patient while uploading files and wait to receive confirmation from Accellion that it’s been completed. Do not email the PNO before receiving confirmation.
- Requested links will expire. Please DO NOT request a link to submit a filing until you are ready to file.
- It is OK to request ET on the form, even though we will not be granting ETs.
PNO and DOJ review of filings will continue as normal. You should receive notification of your waiting period within a day or two.
If your filing is deficient, PNO staff will contact you to coordinate the submission of additional or amended materials. In general, the submission of a page or two will generally be permitted by email. If you need to submit more than a page or two, you will need to use Accellion and PNO staff will be in touch as necessary.
After the resumption of normal agency operations, all filing parties may have to submit hard copies or DVDs of filings made using the temporary e-filing system to both PNO and DOJ.
PNO will not be granting early termination during the use of the temporary e-filing system.
PNO will not be able to provide transaction numbers during the use of the temporary e-filing system, please be patient for the receipt of your notification letter.