FTC Announces Increased HSR Thresholds - January 29, 2018

The Federal Trade Commission has announced revised jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("the Act"), as amended. The new thresholds under the Act represent an approximately 4% increase from last year, when the thresholds were increased over 2016 thresholds based on changes in the gross national product.

Transactions closing on or after February 28, 2018 will be subject to the following revised thresholds:

• Size-of-Transaction Test: The $50 million (as adjusted) threshold used in the size-of-transaction test will increase from $80.8 million to $84.4 million.
• Size-of-Persons Test: The $10 million (as adjusted) and $100 million (as adjusted) sales and assets thresholds used in the size-of-persons test will increase from $16.2 million to $16.9 million and from $161.5 million to $168.8 million, respectively. The $200 million (as adjusted) threshold, below which the size-of-persons test applies,