FTC Announces 2023 Increase in HSR Notification Thresholds and Effective Date for Increased Filing Fees

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The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on Monday, February 27, 2023. The revised thresholds will apply to any merger or acquisition closing on or after the effective date. The FTC is required to adjust the HSR thresholds annually based upon the change in gross national product. This year, the change in the “size of transaction” threshold again has increased approximately 10 percent, from $101 million to $111.4 million. Additionally, and perhaps of even greater significance, the thresholds notice includes an effective date for the new HSR filing fees resulting from the recent passage of the Merger Filing Fee Modernization Act. The new fees also will become effective on February 27, 2023.