FTC Announces Increased HSR Thresholds And New Filing Fee Schedule

Key Takeaways:

• The adjusted HSR threshold is $111.4 million and goes into effect on February 27, 2023. All transactions valued below that amount will be exempt from the HSR filing requirement.
• The adjusted size of party thresholds for transactions valued below $445.5 million are $22.3 million and $222.7 million.
• The HSR filing fee schedule has changed substantially (with decreases for some transactions and dramatic increases for others). The new filing fee schedule will take effect for all filings made on or after February 27, 2023.

On January 23, 2023, the Federal Trade Commission (FTC) announced its annual adjustment of the jurisdictional thresholds for pre-merger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The revisions account for changes in the level of the U.S. gross national product. After decreasing the HSR thresholds two years ago, the FTC significantly increased the thresholds again this year. The