January 18, 2010
Today, the Federal Trade Commission (FTC) formally published the revised thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The FTC is required to annually adjust the HSR Act’s jurisdictional and exemption thresholds in accordance with changes in the Gross National Product (GNP). For the first time, these thresholds have declined as a result of the recent GNP decline. These new thresholds, which go into effect 30 days after publication of the Federal Register notice, are:
HSR filing fees remain unchanged, but the thresholds used to calculate the fees have increased. Under the revised thresholds:
McGuireWoods’ Antitrust Department has substantial experience in mergers and acquisitions, and it can assist you in determining how these new rules will affect the reportability of any potential transaction under the HSR Act.