The United States Federal Trade Commission (“FTC”) has revised the filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) for 2014. The 2014 thresholds will apply to transactions that will close after a date to be determined in late February, which will be 30 days after the FTC publishes notice of the revised thresholds in the Federal Register. The revised 2014 thresholds are slightly higher than the 2013 thresholds, and are as follows:
- Smaller size-of-transaction threshold (which requires size-of-parties thresholds to be met in order to trigger the filing requirement): $75.9M (up from $70.9M in 2013)
- Size-of-parties thresholds: $15.2M and $151.7M (up from $14.2M and $141.8M in 2013)
- Larger size-of-transaction threshold (which triggers a filing requirement regardless of the size-of-parties): $303.4M (from $283.6M in 2013)
The HSR filing fees remain unchanged (ranging from $45,000 to $280,000), although the fee required for a particular transaction will be determined based on the revised thresholds. Other HSR-related thresholds were revised by the FTC as well.
If you would like further information, please contact the Edwards Wildman lawyer responsible for your matters or one of the authors linked above.