Authored by
Patricia Zeigler
The Federal Trade Commission has announced new (2017) premerger
notification thresholds under the Hart-Scott-Rodino Act as
follows:
Any acquisition of voting securities and/or assets requires
premerger notification to the Federal Trade Commission and the
Department of Justice under the HSR Act and the regulations
promulgated thereunder (16 C.F.R. Sections 801 – 803) if the
following tests are satisfied and if no exemption applies (15
U.S.C. Section 18a(a)(2)). Where a premerger notification is
required, both parties must file, the acquiring person must pay a
filing fee ((i) $45,000 for transactions below $161.5 million, (ii)
$125,000 for transactions of $161.5 million or more but less than
$807.5 million, and (iii) $280,000 for transactions of $807.5
million or more) and the parties must observe a 30 day waiting
period prior to closing.
