Federal Trade Commission Announces Adjusted HSR Thresholds For 2010

The Federal Trade Commission has announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) ("HSR"). The new thresholds will take effect February 22, 2010 and will govern all transactions closing on or after that date.

The new thresholds have decreased the dollar amount required to trigger HSR notification and waiting period requirements with respect to both the size-of-transaction and size-of-person tests.

Size-of-Transaction

The new annual thresholds have reduced the minimum value of a transaction that could trigger HSR filing and notification requirements from $65.2 million to $63.4 million, and the value of a transaction that will automatically trigger those requirements from $260.7 million to $253.7 million.