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ARTICLE · 22 FEBRUARY 2019

Hart-Scott-Rodino Thresholds Increased For 2019

The FTC has also updated the filing fee tiers and certain exemption thresholds.

United StatesCorporate/Commercial Law

Basic threshold now $90 million

Filing thresholds under the Hart-Scott-Rodino Act will increase in mid-March by approximately 6.6%, based on the change in the US gross national product. The most critical threshold, which often impacts whether a filing is required, is the size-of-transaction threshold, which will increase from $84.4 million to $90.0 million.

The HSR Act requires that parties to mergers and acquisitions, including acquisitions of voting securities and assets, file notifications with the Federal Trade Commission and Department of Justice and observe a statutory waiting period if the acquisition meets specified size-of-person and size-of-transaction thresholds and does not fall within an exemption to the HSR Act.

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