Report

2021 Second Request Trends Report A LOOK AT HSR SECOND REQUESTS IN 2021 AND WHAT WE CAN EXPECT FOR 2022

2021 Second Request Trends Report A LOOK AT HSR SECOND REQUESTS IN 2021 AND WHAT WE CAN EXPECT FOR 2022

The 2021 HSR Second Request Trends Report highlights a surge in merger filings, with 3,644 transactions reported—more than double the 2001–2020 average. Stricter antitrust enforcement under the Biden administration brought longer reviews, suspended early termination, expanded scrutiny of labor and cross-market effects, and new requirements for eDiscovery tools. While total Second Requests likely increased, their percentage of filings fell to 1.3–1.4%. Challenges cited by law firms and corporations included data processing speed, accuracy, and deal completion. Advanced AI tools emerged as critical for managing volume, accuracy, and privilege review.

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