What is threshold for Hart-Scott-Rodino filing?

What is threshold for Hart-Scott-Rodino filing?

The size of transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act will increase by $9.0 million, from $92 million in 2021 to $101 million for 2022. The maximum fine for violations of the HSR Act has increased from $43,792 per day to $46,517.

How long is the Hart-Scott-Rodino waiting period?

30 days
Parties to a transaction subject to the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) must adhere to a statutory waiting period (30 days for most transactions) after filing their Notification and Report Forms before closing on the deal.

What triggers a Hart-Scott-Rodino filing?

The HSR “size of parties” threshold generally requires that one party to the transaction have annual net sales or total assets of $202 million or more (up from $184 million in 2021), and that the other party have annual net sales or total assets of $20.2 million (up from $18.4 million).

Is HSR early termination still suspended?

Due to an unprecedented volume of filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act),1 the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) announced today they will suspend the practice of granting early termination of the 30-day waiting period (15 days in the case of a …

Is HSR filing required?

If the transaction is valued at $50 million (as adjusted) or less, no filing is required. If the transaction is valued at more than $200 million (as adjusted), and no exemption applies, an HSR filing must be made and parties must wait until the statutory waiting period has expired before closing the deal.

How long does HSR approval last?

Once a transaction’s waiting period expires, the acquiring party has exactly one year from that date to consummate the transaction, regardless of whether that date falls on a weekend or holiday. After one year, the HSR filing is expired, and the parties must submit new HSR filings.

What is the purpose of Hart Scott Rodino Act?

The Hart-Scott-Rodino Act established the federal premerger notification program, which provides the FTC and the Department of Justice with information about large mergers and acquisitions before they occur. The parties to certain proposed transactions must submit premerger notification to the FTC and DOJ.

What is the purpose of the Hart-Scott-Rodino Act?

Are Hart-Scott-Rodino filings public?

The contents of the HSR submission, as well as the fact that the parties filed HSR forms at all, is kept confidential by the U.S. agencies.

Are Hart Scott Rodino filings public?

What is Section 5 of the FTC act?

Section 5(a) of the FTC Act, 15 U.S.C. Sec. 45(a), prohibits, inter alia, “unfair methods of competition.” Unfair methods of competition include any conduct that would violate the Sherman Antitrust Act or the Clayton Act.

Which is true about Section 3 of the Clayton Act?

Which is true about Section 3 of the Clayton Act? Sellers or lessors cannot condition the sale or lease of goods on the buyer’s or lessee’s promise not to use or deal in the goods of the seller’s competitor.

What impact does the Hart-Scott-Rodino Antitrust Improvements Act have on antitrust law?

The HSR Act provides that parties must not complete certain mergers, acquisitions or transfers of securities or assets, including grants of executive compensation, until they have made a detailed filing with the U.S. Federal Trade Commission and Department of Justice and waited for those agencies to determine that the …

Are HSR filings made public?

By statute, any document or information that is submitted to the FTC or DOJ as part of an HSR filing is kept confidential.

Is HSR approval public?

Who pays the HSR fee?

HSR Filing Fee means fifty percent (50%) of filing fee paid by either Buyer (or any Affiliate of either Buyer) to any Governmental Entity for required filings pursuant to the HSR Act in connection with the transactions contemplated by this Agreement.

Can the FTC impose fines?

It has increased from $576 to $612 for violations of Section 10 of the FTC Act. The maximum civil penalty amount has increased from $1,246,249 to $1,323,791 for violations of Section 814(a) of the Energy Independence and Security Act of 2007.