Hart-Scott-Rodino Jurisdictional Thresholds Adjusted Upward

Federal law requires that mergers, acquisitions, and other transactions of a certain size be notified to the Federal Trade Commission and Department of Justice prior to consummation, pursuant to the Hart-Scott-Rodino Antitrust Improvements Act, 15 USC §18a (2001). The purpose of the HSR filing is to enable antitrust regulators to review the transaction and investigate and address potential antitrust violations prior to its consummation.

Each year, the FTC adjusts the dollar thresholds that trigger the obligation to make HSR filings based on changes in the gross national product. Last week, the FTC announced the new thresholds for this year. Effective February 24, 2011, the basic notification threshold will be adjusted upward from $63.4 million to $66.0 million.