FTC Revises HSR Filing Thresholds

Size of Transaction Threshold is lowered for the first time to $63.4 million

The FTC has announced new reporting notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended ("HSR Act" or the "Act"), which will be effective 30 days after the revised thresholds are published in the Federal Register.¹ 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 2010. Until the effective date, the current thresholds will apply. Of particular note, the size-of-transaction threshold will decrease from $65.2 million to $63.4 million, which means that a transaction that is not currently reportable (e.g., a transaction valued between $63.4 million and $65.2 million) could require an HSR filing if it is not consummated before the new threshold goes into effect.²