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New HSR Filing Thresholds Take Effect Feb. 24, 2014

By  Allison A. Davis, Gwen L. Fanger, and Ryan C. Gist
01.24.14
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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

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