FTC announces increase in HSR filing thresholds and increase to HSR premerger filing fees
The FTC revises the jurisdictional and filing fee thresholds annually based on the change in gross national product. The FTC also revises filing fees annually based on changes to the consumer price index under Division GG of the 2023 Consolidated Appropriations Act.
The revised thresholds and updated premerger filing fees will come into effect on March 6, 2024 (30 days after notice of the adjusted thresholds is published in the Federal Register) (Effective Date). The revised thresholds apply to transactions that close on or after the Effective Date while the HSR filing fees apply to transactions that file HSR premerger notification on or after the Effective Date.
Size-of-transaction threshold:
Original statutory threshold |
Current threshold |
Revised threshold |
USD50m |
USD111.4m |
USD119.5m |
Size-of-person thresholds:
Original statutory threshold |
Current threshold |
Revised threshold |
USD10m |
USD22.3m |
USD23.9m |
USD100m |
USD222.7m |
USD239.0m |
Size-of-transaction threshold at which size-of-person test is not applicable:
Original statutory threshold |
Current threshold |
Revised threshold |
USD200m |
USD445.5m |
USD478.0m |
Updated HSR filing fee thresholds and HSR premerger filing fees:
Filing fee |
Transaction value |
USD30,000 |
Greater than USD119.5m but less than USD173.3m |
USD105,000 |
USD173.3m or greater but less than USD536.5m |
USD260,000 |
USD536.5m or greater but less than USD1,073.0m |
USD415,000 |
USD1,073.0m or greater but less than USD2,146.0m |
USD830,000 |
USD2,146.0m or greater but less than USD5,365.0m |
USD2.335m |
USD5,365.0m or greater |
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