For The First Time, FTC Lowers Notification Thresholds Under The Hart-Scott-Rodino Act

New, lower reporting thresholds apply to transactions completed and pre-merger notifications filed on or after February 22, 2010.

The Federal Trade Commission (FTC) recently announced revised notification thresholds for the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (HSR Act), as well as new 2010 thresholds for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act.

Notification Threshold Adjustments

Pursuant to the amendments passed by the U.S. Congress in 2000, the FTC published the revised thresholds for HSR pre-merger notifications in the Federal Register on January 21, 2010. These revised thresholds will become effective on February 22, 2010. Any transactions completed and any HSR pre-merger notifications filed on or after February 22, 2010, (Effective Date) must comply with these new thresholds.