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ARTICLE · 09 FEBRUARY 2021

FTC Announces New Decreased HSR Filing Thresholds For 2021

Morrison Foerster
Morrison Foerster
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Morrison Foerster

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On February 2, 2021, the Federal Trade Commission (FTC), the agency charged with administering premerger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ...

United StatesAntitrust/Competition Law
Jeffrey Jaeckel
Jeffrey Jaeckel
Megan Gerking
Megan Gerking
Vishal Mehta
Vishal Mehta
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On February 2, 2021, the Federal Trade Commission (FTC), the agency charged with administering premerger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), announced decreased notification thresholds for 2021. Under the new thresholds, the minimum “size of transaction” threshold will decrease from $94 million to $92 million. Transactions resulting in aggregate holdings of voting securities, assets, or non-corporate interests exceeding this threshold will be reportable to the U.S. antitrust authorities, unless otherwise exempt. The new thresholds will go into effect on March 4, 2021, and are summarized in the following tables:

Size of Transaction

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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