Client Alert: 2021 HSR Act Thresholds Announced
"Size of Transaction" Test Decreases by 2.13% to $92 Million
On February 1, 2021 the Federal Trade Commission, the agency charged with administering the Hart-Scott-Rodino Antitrust Improvements Act or 1976 (“
HSR Act”), announced adjustments to the filing and other dollar-denominated thresholds contained in the HSR Act. These adjustments are made annually based on changes in the U.S. gross national product for the government’s fiscal year ending September 30. These adjustments typically result in annual increases, but for 2021 yield decreases, due to depressed 2020 economic activity. In fact, 2021 represents only the second time -- 2010 was the first -- the thresholds have decreased since 2004 when the adjustments were first tied to annual changes in the GNP. The 2021 revisions were published in the
Federal Register on February 2, 2021 and become effective on March 4, 2021. The new thresholds will remain in effect until the next annual adjustment, expected early next year.
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This Alert has been prepared for news and general informational purposes in a summary manner only and is not intended as legal advice. Readers are urged to consult their legal counsel concerning any particular situation and specific legal question.
