Update – FTC Revises Hart-Scott-Rodino Thresholds Effective February 27, 2017

Key Points

• The Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires parties to transactions meeting certain size and other tests to file premerger notification forms with both the Federal Trade Commission and Department of Justice Antitrust Division.
• The minimum transaction size test has increased from $78.2 million to $80.8 million. The new size thresholds will apply to transactions consummated on or after the effective date (February 27, 2017).
• Parties contemplating merger or acquisition activity are strongly encouraged to consult antitrust counsel to determine whether premerger notification is required.

On January 19, 2017, the Federal Trade Commission (FTC) announced the latest annual revision to the size thresholds governing premerger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, Section 7A of the Clayton Act, 15 U.S.C. § 18a (the "HSR Act").¹ The HSR Act requires parties