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ARTICLE · 03 FEBRUARY 2011

Hart-Scott-Rodino Thresholds to Increase Based Upon Annual Indexing

Updated thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. §18a) (HSR) were published in the Federal Register on January 25, 2011.

United StatesAntitrust/Competition Law

Updated thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. §18a) (HSR) were published in the Federal Register on January 25, 2011. The thresholds are increasing this year, unlike last year when the HSR thresholds decreased for the first time. The threshold adjustments are mandated by the major HSR amendments in 2000 that require annual indexing of the thresholds based upon changes in gross national product (GNP) for each fiscal year beginning after September 30, 2004. The new thresholds will become effective on February 24, 2011 for transactions that close on or after that date.

Size-of-Transaction Test

(Original: $50 million; Current: $63.4 million; New: $66 million)

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