On March 4, the FTC published the revised Hart-Scott-Rodino
("HSR") thresholds in the Federal Register. Retail (or
other) companies contemplating mergers or acquisitions need to be
aware of the new thresholds. Companies may need to file with the
Federal Trade Commission and Department of Justice if the value of
the deal exceeds $90 million. The revised thresholds will apply to
all transactions closed on or after April 3, 2019.
The FTC revises the HSR thresholds each year, based on gross
national product. Under the revised thresholds, generally, if the
value of non-corporate interests, assets, voting securities or a
combination thereof exceeds $359.9 million and no exemption
applies, the parties must file. If the value of the transaction
exceeds $90 million but is $359.9 million or less, then antitrust
counsel will need to do a "size of person" analysis.
Generally, an HSR filing will not be required unless one party to
the transaction has total assets or annual net
