On Jan. 15, 2015, the Federal Trade Commission announced revised
thresholds for premerger filings under the Hart-Scott-Rodino
Antitrust Improvements Act (HSR Act). These thresholds determine
whether companies are required to notify federal antitrust
authorities about a transaction. The new thresholds, which go into
effect 30 days after publication of the Federal Register notice,
are as follows:
- The "size of transaction" test has increased to $76.3
million. Therefore, in order to qualify as a potentially reportable
transaction under the HSR Act, a buyer must, as a result of the
transaction, hold voting securities or assets valued in excess of
$76.3 million.
- The "size of person" tests have increased to $15.3
million and $152.5 million, respectively. That is, unless either
the acquired or acquiring person has annual net sales or total
assets of at least $15.3 million and the other person has annual
net sales or total assets of $152.5 million, the transaction