Firm Memoranda

HSR Pre-Merger Reporting Threshold Decreased to $92 Million and Early Termination Temporarily Suspended

Date: 02/09/21

The Federal Trade Commission (“FTC”) announced its annual revision to the thresholds for premerger reporting of proposed acquisitions to the United States antitrust authorities under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”). Effective March 4, 2021, the minimum size-of-transaction threshold will decrease to $92 million. The FTC and the U.S. Department of Justice (“DOJ” and, together with the FTC, the “agencies”) also announced that the agencies will temporarily suspend their practice of granting early termination of the waiting period under the HSR Act due to the transition to the new Administration, the COVID-19 pandemic, and the “unprecedented” volume of HSR filings received in the start of the fiscal year.

FTC Revised Antitrust Thresholds HSR Pre-Merger Reporting Threshold Decreased to $92 Million.pdf (pdf | 98.29 KB )