Federal Trade Commission Announces Higher Hart-Scott-Rodino Thresholds

Originally published January 25, 2012

Keywords: FTC, Hart-Scott-Rodino, HSR thresholds, mergers and acquisitions, US gross domestic product

On January 24, 2012, the US Federal Trade Commission announced new thresholds relating to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, 15 U.S.C. § 18a. The thresholds govern which mergers or acquisitions must be reported to the FTC and the Department of Justice. Since 2005, the thresholds have been adjusted annually according to the change in US gross domestic product.

Once the new HSR thresholds go into effect, notification of mergers or acquisitions will be required if:

• The acquiring party will hold another person's assets or voting securities valued in excess of $68.2 million (previously $66.0 million), and the transaction involves one party with annual net sales or total assets in excess of $13.6 million (previously $13.2 million) and  another party with annual net sales or total assets in