FTC Sets New HSR Deal Reporting Thresholds

News & Events

FTC Sets New HSR Deal Reporting Thresholds

Alert Date: June 7, 2019

By: Daniel T. Desmond
Related Practice Areas: Business and Mergers & Acquisitions

Pursuant to the Hart-Scott-Rodino (HSR) Antitrust Improvement Act of 1976, the Federal Trade Commission has released new reporting thresholds for M&A deals valued above a certain threshold.

The changes took effect April 3, and are based on the change in the gross national product.

The new reporting thresholds for M&A deals are:
 

Deal Value

New FTC Reporting Requirements

$90 million or less

No reporting necessary

Greater than $90 million but less than $180 million

Reporting necessary with a $45,000 filing fee

Greater than $180 million but less than $899.8 million

Reporting necessary with a $125,000 filing fee

Greater than $889.8 million

Reporting necessary with a $280,000 filing fee


The new minimum threshold of $90 million is about a 6.7% jump from the previous minimum of $84.4 million. 

Under a 2000 amendment to the HSR Act, the thresholds for reporting a deal and the filing fees that accompany them must be adjusted annually.

In the fall, the FTC released guidance that cracked down on the availability of a filing-fee waiver for M&A deals that included a nonprofit entity.

If you have questions on the new reporting thresholds, please reach out to me or anyone in the Barley Snyder Business Practice Group.

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