[ad_1]
January 24, 2024
The brand new thresholds and new submitting charges will take impact 30 days after publication within the Federal Register.
On January 22, 2024, the Federal Commerce Fee introduced its annual replace of thresholds for pre-merger notifications of sure M&A transactions underneath the Hart-Scott-Rodino Antitrust Enhancements Act of 1976 (“HSR Act”).[1] Pursuant to the statute, the HSR Act’s jurisdictional thresholds are up to date yearly to account for modifications within the gross nationwide product. The brand new thresholds will take impact 30 days after publication within the Federal Register and apply to transactions that shut on or after that date.
The scale-of-transaction threshold for reporting proposed mergers and acquisitions underneath Part 7A of the Clayton Act will improve by $8.1 million, from $111.4 million in 2023 to $119.5 million for 2024.
Unique Threshold |
2023 Threshold |
2024 Threshold |
$10 million |
$22.3 million |
$23.9 million |
$50 million |
$111.4 million |
$119.5 million |
$100 million |
$222.7 million |
$239 million |
$110 million |
$245 million |
$262.9 million |
$200 million |
$445.5 million |
$478 million |
$500 million |
$1.1137 billion |
$1.195 billion |
$1 billion |
$2.2274 billion |
$2.39 billion |
The HSR submitting charges have been revised pursuant to the 2023 Consolidated Appropriations Act. The brand new submitting charges, which will even take impact 30 days after publication within the Federal Register, can be:
Charge |
Measurement of Transaction |
$30,000 |
Valued at lower than $173.3 million |
$105,000 |
Valued at $173.3 million or extra however lower than $536.5 million |
$260,000 |
Valued at $536.5 million or extra however lower than $1.073 billion |
$415,000 |
Valued at $1.073 billion or extra however lower than $2.146 billion |
$830,000 |
Valued at $2.146 billion or extra however lower than $5.365 billion |
$2,335,000 |
$5.365 billion or extra |
The 2024 thresholds triggering prohibitions on sure interlocking directorates on company boards of administrators are $48,559,000 for Part 8(a)(l) (measurement of company) and $4,855,900 for Part 8(a)(2)(A) (aggressive gross sales). The Part 8 thresholds took impact on January 22, 2024.
__________
[1] Press Launch, Federal Commerce Fee, FTC Broadcasts 2024 Replace of Measurement of Transaction Thresholds for Premerger Notification Filings, January 22, 2024, obtainable at: https://www.ftc.gov/news-events/news/press-releases/2024/01/ftc-announces-2024-update-size-transaction-thresholds-premerger-notification-filings?utm_source=govdelivery
Gibson Dunn’s attorneys can be found to help in addressing any questions you’ll have relating to these points. If in case you have any questions concerning the new HSR measurement of transaction thresholds, or HSR and antitrust/competitors rules and rulemaking extra typically, please contact the Gibson Dunn lawyer with whom you often work, any member of the agency’s Antitrust and Competition, Mergers and Acquisitions, or Private Equity apply teams, or the next authors and apply leaders:
Antitrust and Competitors:
Rachel S. Brass – San Francisco (+1 415.393.8293, [email protected])
Andrew Cline – Washington, D.C. (+1 202.887.3698, [email protected])
Jamie E. France – Washington, D.C. (+1 202.955.8218, [email protected])
Cynthia Richman – Washington, D.C. (+1 202.955.8234, [email protected])
Stephen Weissman – Washington, D.C. (+1 202.955.8678, [email protected])
Chris Wilson – Washington, D.C. (+1 202.955.8520, [email protected])
Mergers and Acquisitions:
Robert B. Little – Dallas (+1 214.698.3260, [email protected])
Saee Muzumdar – New York (+1 212.351.3966, [email protected])
Personal Fairness:
Richard J. Birns – New York (+1 212.351.4032, [email protected])
Ari Lanin – Los Angeles (+1 310.552.8581, [email protected])
Michael Piazza – Houston (+1 346.718.6670, [email protected])
John M. Pollack – New York (+1 212.351.3903, [email protected])
© 2024 Gibson, Dunn & Crutcher LLP. All rights reserved. For contact and different info, please go to us at www.gibsondunn.com.
Lawyer Promoting: These supplies had been ready for common informational functions solely primarily based on info obtainable on the time of publication and usually are not meant as, don’t represent, and shouldn’t be relied upon as, authorized recommendation or a authorized opinion on any particular details or circumstances. Gibson Dunn (and its associates, attorneys, and staff) shall not have any legal responsibility in reference to any use of those supplies. The sharing of those supplies doesn’t set up an attorney-client relationship with the recipient and shouldn’t be relied upon in its place for recommendation from certified counsel. Please word that details and circumstances might fluctuate, and prior outcomes don’t assure an identical end result.
[ad_2]
Source link