The Federal Trade Commission (FTC) has announced increases to the notification thresholds and premerger filing fees under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act, which requires premerger notification of certain transactions to the FTC and the Antitrust Division of the U.S. Department of Justice.
The FTC revises the jurisdictional and filing fee thresholds annually based on the change in gross national product. The FTC also revises filing fees annually based on changes to the consumer price index under Division GG of the 2023 Consolidated Appropriations Act.
The revised thresholds and updated premerger filing fees will come into effect 30 days after notice of the adjusted thresholds is published in the Federal Register (Effective Date), an action which is expected imminently. The revised thresholds apply to transactions that close on or after the Effective Date while the HSR filing fees apply to transactions that file HSR premerger notification on or after the Effective Date.
Size-of-transaction threshold:
Size-of-person thresholds:
Size-of-transaction threshold at which size-of-person test is not applicable:
Updated HSR filing fee thresholds and HSR premerger filing fees: