FTC Revises HSR Filing Thresholds

The FTC has announced that the reporting notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended ("HSR Act" or the "Act") will be increased, effective 30 days after the revised thresholds have been published in the Federal Register. The FTC has yet to publish the Federal Register notice, but based on prior practice, the new thresholds will likely become effective by late February 2009. Until the effective date, the current thresholds will apply. In particular, the size-of-transaction threshold will be increased from $63.1 million to $65.2 million. Pursuant to the 2000 Amendments to the HSR Act, annual adjustments to the notification thresholds are made based on an index that is tied to changes in the U.S. gross national product for each fiscal year.