New HSR Filing Thresholds Take Effect Feb. 24, 2014

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:

FEE

SIZE OF TRANSACTION

$45,000

Greater than $75.9 million but less than $151.7 million

$125,000

$151.7 million or greater but less than $758.6

$280,000

$758.6 million or greater