On January 22, 2024, the Federal Trade Commission (FTC) announced the annual adjustments to the monetary jurisdictional thresholds under the Hart-Scott-Rodino Act (HSR Act), based upon the previous year’s GDP. Notification is required under the HSR Act if the “size of transaction” test and, when applicable, the “size of person” test is satisfied and no exemption from filing is available. The FTC also announced the annual changes to the HSR filing fee schedule that are based on changes in the gross national product and in the consumer price index under Division GG of the 2023 Consolidated Appropriations Act.
The new thresholds and filing fee schedule are scheduled to take effect on March 6, 2024, 30 days after publication in the Federal Register (which is expected to take place on February 5, 2024). The new thresholds apply to all transactions closing on or after that date. The HSR filing fee is determined by the value of the transaction at the time of filing (meaning that HSR reportable transactions made prior to March 6, 2024, should use the existing filing fee schedule).
