Revised Hart-Scott-Rodino Jurisdictional Thresholds And New Penalties Announced

Effective February 12, 2009, the notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, 15 USC §18a (2001), (the "HSR Act" or the "Act") will be increased. The increases, which occur annually, are a product of the indexing of the HSR Act's thresholds required by the 2000 amendments to the Act.

As a result of the 2009 revisions to the HSR Act's jurisdictional thresholds, announced January 6, 2009, the basic notification threshold for all transactions will be increased from $63.1 million to $65.2 million.

Unless otherwise exempt, an entity that is not controlled by any other entity or individual (a "Person") that, as a result of an acquisition, will hold voting securities, assets, or interests in an unincorporated entity of any other Person valued in excess of the HSR Act's jurisdictional threshold may be required to file notification under the Act and to observe the applicable waiting period before consummating the