New HSR Thresholds For 2017

The annual adjustment of the dollar thresholds for pre-acquisition filings under the Hart-Scott-Rodino Act will take effect the end of February. All transactions closing on or after the effective date will be governed by the new thresholds.

Under the new thresholds, the parties to a merger, consolidation or acquisition of voting securities or substantial assets will in most cases need to file pre-acquisition notifications with the FTC and the Department of Justice and observe the Act's waiting periods before closing if the transaction will result in either of the following:

1. The acquiring person will hold more than $80.8 million worth of voting securities and assets of the acquired person and the parties meet the "size-of-person" requirements below; or