Hart-Scott-Rodino Thresholds To Rise Again Based On 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 27, 2012. 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. Based on this indexing, the thresholds are increasing. As the annual adjustments are based on changes in GNP, the thresholds also can go down; however, such a decrease has only happened once, with the adjustments that went into effect on February 22, 2010. The new thresholds will become effective on February 27, 2012 for transactions that close on or after that date.