FTC Announces Annual Adjustments to the Hart-Scott-Rodino and Interlocking Directorate Thresholds

    View Authors January 2013

    The Federal Trade Commission (FTC) has announced revised thresholds for the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976. The new thresholds will be published in the Federal Register within the next few days and will take effect 30 days after the date of publication. The revisions increase the lowest "size-of-transaction" threshold at which HSR filings may be required from the current US$68.2 million to US$70.9 million.

    Under the HSR Act, the FTC and Department of Justice (DOJ) must be notified before mergers, acquisitions and other transactions that meet certain monetary thresholds are consummated. Once notification is filed, the parties must observe a 30-day waiting period (unless granted early termination).

    Section 7A(a)(2) of the Clayton Act requires the FTC to revise annually the jurisdictional thresholds and other thresholds and limitations in the HSR rules according to changes in gross national product. This Squire Sanders publication updates the HSR and interlocking directorate thresholds, and the corresponding increase in the filing fee thresholds.

    For further information on this report, please contact your principal Squire Sanders lawyer or one of the individuals listed in this Publication.