FTC Raises Hart-Scott-Rodino Thresholds - January 2017

Transactions closing toward the end of February will be subject to increased HSR Act jurisdictional and filing fee thresholds.

On January 19, the Federal Trade Commission (FTC) announced that it will raise the Hart­Scott­Rodino Act (HSR Act) jurisdictional and filing fee thresholds. Any transaction closing on or after the effective date of the notice (30 days after the pending publication in the Federal Register) will be subject to the revised thresholds.

The new rules include an increase in the "size of transaction" test from transactions valued at greater than $78.2 million to transactions valued at greater than $80.8 million—which means that, under the new threshold, acquisitions valued for HSR Act purposes at $80.8 million or less will not require preclosing filing and approval.