2021 HSR Threshold Announced by FTC

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The FTC has announced the annual changes to the Hart-Scott-Rodino (HSR) Act filing thresholds.  The changes will become effective as of March 4.

The new 2021 thresholds are slightly lower than the 2020 thresholds, and are as follows:

Size-of-parties thresholds:  $18.4M and $184M (down from $18.8M and $188M in 2020)

Smaller size-of-transaction threshold (which requires size-of-parties thresholds to be met in order to trigger the filing requirement):  $92M (down from $94M in 2020)

Larger size-of-transaction threshold (which triggers a filing requirement regardless of the size-of-parties):  $368M (down from $376M in 2020)

The HSR filing fees remain unchanged (ranging from $45,000 to $280,000), although the fee required for a particular transaction will be determined based on these adjusted thresholds.

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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