FTC HSR Act Threshold and Filing Fee Increases Become Effective March 6

The previously announced Hart­-Scott­-Rodino Act (HSR Act) jurisdictional filing thresholds and fees will go into effect on March 6, 2024.

The Federal Trade Commission’s (FTC’s) previously announced increases to HSR Act jurisdictional thresholds will go into effect and capture all transactions that close on March 6, 2024 or thereafter.

The closing date and not signing date determines whether the new or old thresholds apply, as follows:   

• Prior to March 6, 2024, the HSR threshold that applies is above $111.4 million and clearance (if applicable) is required prior to closing.
• On or after March 6, 2024, the HSR threshold that applies rises to above $119.5 million and clearance (if applicable) is required prior to closing.

New filing fees and corresponding size of transaction filing fee tiers will go into effect for HSR filings submitted on or after March 6. Filing fees will range from $30,000 (for transactions with an HSR value of less than $173.3 million) to $2.335 million (for transactions with an HSR value of $5.365 billion or more).  

For more details regarding new HSR Act thresholds and filing fees, refer to our prior LawFlash, FTC Increases HSR Act Thresholds and Filing Fees for 2024.