Effective February 27, 2017, the jurisdictional thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the “HSR Act”), will increase. Pursuant to statutory amendments made in 2000, the thresholds are annually adjusted based on changes in gross national product. One key effect of this year’s indexing is that transactions will only be reportable if the Size of Transaction exceeds $80.8 million. This is a slight increase over last year’s $78.2 million threshold. Key revised thresholds are as follows:

Original Threshold

2017 Threshold

$50 million Size of Transaction Test

$80.8 million

$200 million Size of Transaction Test

$323 million

$100 million Size of Person Test

$161.5 million

$10 million Size of Person Test

$16.2 million

In addition, while the HSR filing fee amounts themselves have not changed, the thresholds upon which the filing fees are based have increased as follows:

Filing Fee

Original Filing Fee Threshold

2017 Filing Fee Threshold

$45,000

Transactions valued at more than $50 million but less than $100 million

Transactions valued at more than $80.8 million but less than $161.5 million

$125,000

Transactions valued at $100 million or more but less than $500 million

Transactions valued at $161.5 million or more but less than $807.5 million

$280,000

Transactions valued at $500 million or more

Transactions valued at $807.5 million or more