Antitrust Alert: FTC Announces Annual Revision Of HSR Threshold

The Federal Trade Commission (FTC) recently released the revised thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("the HSR Act"). The HSR Act requires parties engaging in certain mergers or acquisitions to file a notification and report form with the FTC and the Antitrust Division of the Department of Justice (DOJ), and to observe the statutorily prescribed waiting period prior to closing, if the parties meet the threshold requirements. The FTC revises the thresholds annually. The new thresholds will be effective 30 days after their publication in the Federal Register.

The HSR Act currently requires a premerger notification filing for the acquisition of securities or assets valued at $59.8 million or more ("size-of-transaction test") if either the acquiring or the acquired party has at least $12 million in assets or sales, and the other party