FTC Raises Hart-Scott-Rodino Thresholds and Increases the Penalties for Violations

The Federal Trade Commission (FTC) has announced that it will raise the Hart-Scott-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The new thresholds are expected to become effective February 12, 2009. The new rules include an increase in the size-of-transaction test from greater than $63.1 million to greater than $65.2 million, meaning that under the new threshold, acquisitions valued for HSR Act purposes at $65.2 million or less will not require preclosing filing and approval. The FTC has also announced that, starting on February 8, 2009, the penalties for HSR violations will increase from $11,000 a day to $16,000 a day.

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