FTC Announces 2013 Hart-Scott-Rodino Threshold Revisions

John Dierking is a Partner in our Orlando office

The Federal Trade Commission (FTC) has announced its annual revision to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after February 11, 2013. The FTC is required under the Clayton Act to revise the HSR thresholds annually based on changes in the gross national product.

HSR requires parties intending to merge, purchase or sell voting securities, non-corporate interests or assets, or engage in certain other acquisition transactions to provide both the FTC and the Antitrust Division of the Department of Justice (DOJ) with information regarding their operations and the proposed transaction if certain minimum jurisdictional thresholds are met. HSR stays the consummation of a covered transaction for the waiting period specified by law based on HSR's purpose to allow the FTC and DOJ time to detect and potentially address any