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ARTICLE · 08 FEBRUARY 2021

FTC Announces Reduced Hart-Scott-Rodino Act Thresholds For 2021

Seyfarth Shaw LLP
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On February 2, 2021, the Federal Trade Commission (FTC) announced that in 2021 the threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will decrease from $94 million to $92 million.

United StatesAntitrust/Competition Law
Brandon Bigelow
Brandon Bigelow
Caleb Schillinger
Caleb Schillinger
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On February 2, 2021, the Federal Trade Commission (FTC) announced that in 2021 the threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will decrease from $94 million to $92 million. Deals that exceed this $92 million threshold may need to be reported to the FTC and U.S. Department of Justice (DOJ) depending on the size of the parties to the transaction as measured by the volume of their sales or the value of their assets.

Generally, transactions in 2021 with a value greater than $368 million will be reportable under the HSR Act, regardless of the volume of sales or value of assets of the parties. Parties reporting transactions under the HSR Act must observe a 30 day waiting period after reporting the transaction before closing the deal. The HSR Act imposes these notification and waiting period requirements so that the FTC and DOJ can assess the potential competitive effects of proposed transactions before the deal is consummated. The

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