SUMMARY
As required by the HSR Act, on February 1, 2021, the U.S. Federal Trade Commission (“FTC”) released its annual adjustments to the reporting thresholds. The key number to remember is now $92 million. Note, this is a decrease from the $94 million threshold in 2020. Generally, transactions valued at $92 million or more must be reported and cleared by federal antitrust authorities before the transaction may close. The adjustments to the thresholds were published in the Federal Register on February 2, 2021 and become effective 30 days after publication, March 4, 2021. The revised thresholds will apply to all transactions that close on or after the effective date.
Each year, the FTC adjusts the reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act) based on changes in gross national product. On February 1, 2021 the FTC announced the revised thresholds. Below are the current and new thresholds: