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ARTICLE · 28 FEBRUARY 2019

FTC Announces 2019 Thresholds Under HSR Act And Clayton Act

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The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation

United StatesAntitrust/Competition Law
John Ingrassia
John Ingrassia
Colin Kass
Colin Kass
Christopher Ondeck
Christopher Ondeck
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Primary HSR filing threshold will be raised to $90.0 million

The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation. As is our annual practice, this alert identifies the adjustments that are likely to be the most relevant to our clients, and reiterates several important practice tips.

The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain transactions to notify the Federal Trade Commission and Department of Justice, and to observe a waiting period prior to completing the transaction. The HSR Act enables antitrust regulators to review transactions, investigate and address potential competitive concerns prior to completion, and carries monetary penalties for failure to comply – adjusted for 2019 to $42,350 per day.

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