HSR Thresholds Increased for 2018

The FTC has increased the HSR filing thresholds for transactions that will close on or after February 28, 2018.  The new 2018 thresholds are slightly higher than the 2017 thresholds, and are as follows:

Size-of-parties thresholds:  $16.9M and $168.8M (up from $16.2M and $161.5M in 2017)

Smaller size-of-transaction threshold (which requires size-of-parties thresholds to be met in order to trigger the filing requirement):  $84.4M (from $80.8M in 2017)

Larger size-of-transaction threshold (which triggers a filing requirement regardless of the size-of-parties):  $337.6M (from $323.0M in 2017)

The HSR filing fees remain unchanged (ranging from $45,000 to $280,000), although the fee required for a particular transaction will be determined based on these adjusted thresholds.  Other HSR-related thresholds were adjusted by the FTC as well.