FTC Announces Increased HSR Thresholds; Larger Changes on the Horizon


The Federal Trade Commission has announced revised jurisdictional and filing fee thresholds under the Hart-Scott Rodino Antitrust Improvements Act of 1976, as amended. The new thresholds represent an approximately 4% increase from last year, when the thresholds were lowered based on changes in the gross national product. This annual update precedes more sweeping changes to the HSR Act and rules, which are expected to be published in the Federal Register during the first quarter of 2011.

Transactions closing on or after February 24, 2011 will be subject to the following revised thresholds:

• Size-of-Transaction Test: The $50 million (as adjusted) threshold used in the size-of-transaction test will increase

• Size-of-Persons Test: The $10 million (as adjusted) and $100 million (as adjusted) sales and assets thresholds used in the size-of-persons test will from $63.4 million to $66 million.

increase from $12.7 million to $13.2 million and from $126.9 million to $131.9 million, respectively. The $200 million (as adjusted) threshold, below which the size-of-persons test applies, will increase

• Filing Fees: Filing fee thresholds based upon the value of assets or voting securities being acquired will be revised as follows....

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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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