February 18, 2019
On Feb. 15, the Federal Trade Commission announced revised thresholds for pre-merger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). These thresholds determine whether companies are required to notify federal antitrust authorities about a transaction.
The new thresholds — which are expected to be published in the Federal Register the week of Feb. 18, 2019, to take effect 30 days after their publication — are as follows:
HSR Act filing fees remain unchanged, but the thresholds used to calculate the fees have increased as follows:
Additionally, on Feb. 14, 2019, the FTC announced an increase in the maximum civil penalty amount for violations of the HSR Act from $41,484 to $42,530 per day.
McGuireWoods’ Antitrust & Trade Regulation Department has substantial experience in mergers and acquisitions, and its lawyers can assist you in determining how these new rules will affect the reportability of any potential transaction under the HSR Act.