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US: FTC Revises Hart-Scott-Rodino thresholds

By  |  January 25, 2017

The Federal Trade Commission announced on January 19, 2017 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended. The FTC revises the thresholds annually based on changes in the gross national product. The new thresholds will be effective 30 days after their publication in the Federal Register and will apply to all transactions closing on or after that date.

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    Key Points
    -The Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires parties to transactions meeting certain size and other tests to file premerger notification forms with both the Federal Trade Commission and Department of Justice Antitrust Division.

    -The minimum transaction size test has increased from $78.2 million to $80.8 million. The new size thresholds will apply to transactions consummated on or after the effective date, which is 30 days following publication of formal notice in the Federal Register.

    -Parties contemplating merger or acquisition activity are strongly encouraged to consult antitrust counsel to determine whether premerger notification is required.

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