HSR Threshold Rises Above $65 Million, Results in a 3.3% Increase; HSR Civil Penalty Raised by Almost 50%

January 12, 2009
The Federal Trade Commission recently announced that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will again be raised, along with the related thresholds applicable to interlocking directorates. The HSR minimum threshold will be $65.2 million, effective February 12, 2009. The civil penalty applicable to violations of the HSR Act will also be raised to $16,000 per day. This update reviews the revised thresholds, which are likely to result in fewer transactions being reported, as well as the revised rules for interlocking directorates.