The Federal Trade Commission recently announced changes to the thresholds governing premerger notification filings that must be made under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR). Effective February 12, the various HSR notification thresholds will increase. Transactions valued under the HSR Rules at less than $65.2 million will no longer require HSR filings. The filing thresholds for larger transactions have increased as well. The old $126.2 million threshold has been increased to $130.3 million, and the old $630.8 million threshold has been increased to $651.7 million.  

The filing fee for transactions that exceed the new $65.2 million threshold but are valued under the HSR Rules at less than $130.3 million remains at $45,000. Transactions valued under the HSR Rules at greater than $130.3 million but less than $651.7 million will require a filing fee of $125,000. Transactions valued under the HSR Rules at greater than $651.7 million will require a filing fee of $280,000.  

For transactions valued under the HSR Rules between $65.2 million and $260.7 million, the HSR “size of person” test must also be met for the HSR Act to apply. The size of person thresholds have also increased. Under the new thresholds, one party to the transaction must have net sales or total assets of at least $13.0 million and another party to the transaction must have net sales or total assets of at least $130.3 million. Transactions valued greater than $260.7 million under the HSR Rules will require a filing regardless of the size of the persons involved.

http://www.ftc.gov/os/2009/01/P859910sect7aclaytonact.pdf