January 21, 2010

For the First Time, Annual Adjustment to HSR Thresholds Leads to Decrease

Most mergers and acquisitions valued above $63.4 million will have to be reported to antitrust authorities in Washington, D.C., after February 20.

Every January the Federal Trade Commission announces new filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act for the antitrust agencies’ premerger review of sizeable transactions. The annual adjustment is driven by changes in the Gross National Product and in recent years has resulted in incremental increases in the “size of parties” and “size of transaction” thresholds, as well as other HSR triggers related to exemptions or the payment of filing fees.

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