The Federal Trade Commission (FTC) has announced an increase in the thresholds that determine whether companies are required to notify federal antitrust authorities under the Hart-Scott-Rodino (HSR) Antitrust Improvements Acts before consummating a transaction. The FTC is required to revise the various applicable HSR thresholds yearly based upon the change in gross national product. The HSR Act requires companies of a certain size involved in a transaction that exceeds the filing thresholds to file a notification with the FTC and Department of Justice and observe a waiting period unless an exemption applies. For example, this year, the new minimum “size-of-transaction” threshold will make a sizable increase from $70.9 million to $75.9 million.
On Jan. 23, 2014, the FTC published the revised thresholds in the Federal Register, which will become effective Feb. 24, 2014. A full listing of the revised thresholds can be found on the FTC’s website.
The HSR filing fees, which remain the same, are based on the revised filing thresholds:
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FEE
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SIZE OF TRANSACTION
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$45,000
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Greater than $75.9 million but less than $151.7 million
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$125,000
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$151.7 million or greater but less than $758.6
|
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$280,000
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$758.6 million or greater
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