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ARTICLE · 12 SEPTEMBER 2023

FTC Announces Revised HSR Thresholds For 2023

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Each January, the Federal Trade Commission announces the new thresholds for pre-merger notifications under the HSR Act, which are updated each year based on changes in the gross national product.

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What You Need to Know

  • The FTC has announced an increase of the minimum size of a transaction potentially requiring HSR notification to $111.4 million, which will apply to all transactions closing on or after February 27, 2023.
  • Congress has also substantially changed the filing fees required with HSR filings, which will apply to filings made on or after February 27, 2023. (The new fees are shown in the table below.)

Each January, the Federal Trade Commission announces the new thresholds for pre-merger notifications under the HSR Act, which are updated each year based on changes in the gross national product. This year's revised thresholds will be effective on February 27, 2023. The FTC has also announced that filings made on or after that date will be subject to new—and in some cases substantially higher—filing fees that were adopted in recently-enacted legislation.

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