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.
