FTC/DOJ Issue Annual HSR Premerger Notification Report to Congress; Commission Approves Final Consent Order in Matter of CardSystems Solutions

Release of Commission report:

The Commission, with the concurrence of the Acting U.S. Assistant Attorney General for Antitrust, has authorized the release of the Twenty-Eighth Annual Report to Congress Regarding the Hart-Scott-Rodino (HSR) Premerger Notification Program. The report summarizes Commission and Department of Justice (DOJ) actions conducted under the HSR Act in fiscal year 2005, noting that 1,695 premerger filings were received – 17 percent more than the 1,454 filings received in fiscal year 2004. The report also describes the HSR Act and provides a historical overview of how the federal antitrust agencies have implemented the Act since its enactment in the late 1970s.

The report then presents FY 2005 developments relating to compliance with the Premerger Notification Rules and Procedures, followed by a discussion of both FTC and DOJ merger enforcement activities during the year. Finally, the report includes a summary of the ongoing reassessment of the effects of the Premerger Notification Program. Appendices provide a summary of transactions for fiscal years 1996-2005 and the number of transactions reported as filings by month during this time. A statistical table presents data profiling HSR filings and enforcement interest during FY 2005. The Commission vote to issue the report, which is available on the FTC’s Web site as a link to this press release, was 5-0. (FTC File No. P989316; the staff contact is Marian Bruno, Office of Premerger Notification, 202-326-2846.)

Commission approval of final consent order:

Following a public comment period, the Commission has approved the issuance of a final consent order in the matter concerning CardSystems Solutions, Inc., and authorized the agency to send responses to the commenters of record. The vote approving issuance of the final order was 4-0, with Commissioner Pamela Jones Harbour recused. (FTC File No. 052-3148; the staff contact is Alain Sheer, Bureau of Consumer Protection, 202-326-3321; see press release dated February 23, 2006.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.