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ARTICLE · 27 JANUARY 2009

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 13, 2009.

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 13, 2009. The new thresholds will become effective on February 12, 2009 for transactions that close on or after that date. The threshold adjustments are mandated by the major HSR amendments in 2000, which substantially increased the HSR thresholds. The 2000 HSR amendments require annual indexing of the thresholds based upon changes in gross national product for each fiscal year beginning after September 30, 2004. Accordingly, the HSR thresholds now are adjusted annually.

Size-of-Transaction Test

(Original: $50 million; Current: $63.1 million; New: $65.2 million)

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