FTC Raises Hart-Scott-Rodino Premerger Filing Thresholds

The Federal Trade Commission (FTC) announced its annual revision of the filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act), which determine companies' reporting obligations for mergers and acquisitions. The FTC also announced revisions to thresholds relating to prohibitions on interlocking directorates under Section 8 of the Clayton Act. The revised HSR Act thresholds will become effective 30 days after the FTC's publication appears in the Federal Register, and that publication will likely occur during the week of January 25, 2016. The revisions regarding interlocking directorates will become effective immediately.

Under the newly adjusted HSR Act thresholds, a merger or acquisition of stock or assets valued at more than $78.2 million (the 2015 level was $76.3 million) may be subject to premerger notification and waiting period requirements, if the transaction meets certain other criteria. The size of the parties to a transaction