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ARTICLE · 31 JANUARY 2011

FTC Raises Hart-Scott-Rodino Thresholds

Morgan Lewis
Explore more from Morgan Lewis

The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds.

United StatesAntitrust/Competition Law
Harry T. Robins
Harry T. Robins
David Brenneman
David Brenneman
Heather Fuentes
Heather Fuentes
Sarah Rabinovici
Sarah Rabinovici
Jonathan Rich
Jonathan Rich

The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to become effective February 21, 2011. The new rules include an increase in the "size-of-transaction" test from greater than $63.4 million to greater than $66 million—which means that under the new threshold, acquisitions valued for HSR Act purposes at $66 million or less will not require preclosing filing and approval.

New Jurisdictional Thresholds

As a general rule, the HSR Act requires both Acquiring and Acquired Persons to file notifications if the following postadjustment jurisdictional thresholds are met:

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