US: Increased HSR thresholds to come into effect next month

The FTC announced increased thresholds for the Hart-Scott-Rodino Antitrust Act and 2015 thresholds for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act.

These increased thresholds to $76.3 Million will become effective on February 20, 2015. The new thresholds under the Act have increased less than 1% from last year

The revised jurisdictional thresholds will remain in effect until the next adjustment issued by the FTC, which is expected in the first quarter of 2016.

Revised thresholds:

• Size-of-Transaction Test: The $50 million (as adjusted) threshold used in the size-of-transaction test will increase from $75.9 million to $76.3 million.

• 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 increase from $15.2 million to $15.3 million and from $151.7 million to $152.5 million, respectively. The $200 million (as adjusted) threshold, below which the size-of-persons test applies, will increase from $303.4 million to $305.1 million.

Filing Fees: The filing fees under the Act are not revised under these changes, but the filing thresholds based upon the value of assets or voting securities that trigger each fee will be revised

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