Basic HSR Threshold To Increase To $80.8 Million

The Federal Trade Commission (FTC) announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act. Once effective, the lowest size-of-transaction filing threshold (also known as the $50 million threshold) will increase from the current $78.2 million to $80.8 million. The FTC is expected to publish a notice of the new thresholds in the Federal Register in the next few days, and the thresholds will become effective 30 days later (the Effective Date). Parties whose transaction will close on or after the Effective Date will be subject to the revised thresholds.

The "$10 million" and "$100 million" amounts applicable to the size-of-person threshold will increase to $16.2 million and $161.5 million, respectively. The size-of-person threshold applies to transactions valued at less than $200 million (as adjusted, $323 million) and is based on the total assets and annual net sales of the ultimate parent entities (UPEs) of the acquiring and