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ARTICLE · 31 JANUARY 2020

Higher Filing Thresholds For HSR Act Premerger Notifications And Interlocking Directorates Announced

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By Leo Caseria, Malika Levarlet, Robert Magielnicki and Bevin Newman on January 29, 2020

United StatesAntitrust/Competition Law

Higher Thresholds For HSR Filings

On January 28, 2020, the Federal Trade Commission announced revised, higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The filing thresholds are revised annually, based on the change in Gross National Product (GNP).

The new thresholds will become effective on February 27, 2020. Acquisitions that have not closed by the effective date will be subject to the new thresholds.

The HSR Act notification requirements apply to transactions that satisfy the specified "size of transaction" and "size of person" thresholds. Parties to mergers and acquisitions meeting the thresholds must report their transactions to the Federal Trade Commission and Department of Justice and must observe a waiting period before closing. The key adjusted thresholds are summarized in the following chart:

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