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ARTICLE · 15 FEBRUARY 2024

2024 HSR Filing Thresholds, New Merger Guidelines, And… New HSR Filing Rules?

Godfrey & Kahn S.C.
Explore more from Godfrey & Kahn S.C.

The U.S. antitrust agencies – the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) – recently issued several updates that will affect dealmakers.

United StatesAntitrust/Competition Law
Allison W. Reimann
Allison W. Reimann
Emily K. Fons
Emily K. Fons

The U.S. antitrust agencies – the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) – recently issued several updates that will affect dealmakers. These include:

  1. Updated 2024 filing thresholds and related fees under the Hart-Scott-Rodino Act (HSR Act)
  2. New merger guidelines
  3. Proposed new HSR filing rules

1. 2024 HSR Filing Thresholds and Fees

The HSR Act requires that parties to certain mergers, acquisitions and other transactions notify the FTC and DOJ of the deal and then wait a specified period before closing (usually 30 days) so that the agencies can evaluate whether the transaction may substantially lessen competition. The FTC is required by law to revise the jurisdictional thresholds annually, based on the change in gross national product. On Feb. 5, 2024, the FTC, which is tasked with administering pre-merger notification requirements under the HSR Act, published increased notification thresholds for 2024 in the

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