The Federal Trade Commission has revised the thresholds that determine whether companies must notify the federal antitrust agencies about a transaction, pursuant to Section 7A of the Clayton Act, the Hart-Scott-Rodino Antitrust Improvements Act. The thresholds also affect the filing fees that must be paid.
The HSR Act requires companies to notify the FTC and the Department of Justice if the size of the parties at issue and the value of a transaction exceeds the filing thresholds, absent an applicable exemption. The FTC revises the thresholds annually based on the change in gross national product.
The new filing fees were published in the Federal Register on January 21, 2015 and can be found at this link.
For 2015, the minimum size of transaction threshold for reporting proposed mergers and acquisitions will be increased from $75.9 million to $76.3 million. Transactions valued in excess of $76.3 million but less than $152.5 million (up from $151.7 million) will require a $45,000 filing fee. Transactions valued at $152.5 million or greater but less than $762.7 million (up from $758.6 million) will require a $125,000 filing fee. Transactions valued at greater than $762.7 million will require a filing fee of $280,000.
The new thresholds will be effective for filings made on or after February 23, 2015.
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