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ARTICLE · 31 JANUARY 2020

Hart-Scott-Rodino Act Thresholds Increase For 2020

Filing thresholds under the Hart-Scott-Rodino Act will increase 4.4%, effective February 27, 2020

United StatesAntitrust/Competition Law

Basic threshold $94 million effective February 27

Filing thresholds under the Hart-Scott-Rodino Act will increase 4.4%, effective February 27, 2020, based on the change in the US gross national product during 2019. The critical size-of-transaction threshold, which often impacts whether a filing is required, will increase from $90 million to $94 million.

The HSR Act requires that parties to mergers and acquisitions, including acquisitions of voting securities and assets (which may include even intellectual property licenses and executive compensation), file notifications with the Federal Trade Commission and US Department of Justice and observe a statutory waiting period if the acquisition meets specified size-of-transaction and size-of-person thresholds and does not fall within an exemption.

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