On Jan. 10, 2013, 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 $70.9
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
$70.9 million.
- The "size of person" tests have increased to $14.2
million and $141.8 million, respectively. That is, unless either
the acquired or acquiring person has annual net sales or total
assets of at least $14.2 million and the other person has
annual net sales or total assets of $141.8 million, the transaction
will