FTC Increases HSR Notification Thresholds, Filing Fees And Penalties For 2024

On January 22, 2024, the Federal Trade Commission ("FTC") announced annual revisions for premerger filings required by the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "HSR Act"). The HSR Act generally requires parties to transactions—e.g., mergers, joint ventures, acquisitions of assets or voting securities—that meet certain thresholds to file premerger notifications with both the FTC and the United States Department of Justice ("DOJ"), and observe a statutory waiting period prior to closing. The new minimum size-of-transaction notification threshold will increase to $119.5 million. The FTC revises the notification thresholds annually based on changes in the gross national product ("GNP"). The newly announced thresholds will apply to transactions closing on or after March 6, 2024. The FTC also announced changes to HSR filing fees.