Lower Thresholds For Pre-Merger Antitrust Notifications Now In Effect


Effective February 22, 2010, lower thresholds are in effect for determining whether pre-merger notifications are required to be made with the Federal Trade Commission (FTC) and the Department of Justice under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). As further explained below, the thresholds for reporting transactions based on the “size-of-transaction” test and the “size-of-persons” test have been slightly reduced. No changes were made to the related HSR filing fees.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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