FTC Announces Lower Hart-Scott-Rodino Notification Thresholds Effective as of February 22, 2010

On January 19, 2010, the Federal Trade Commission (“FTC”) announced new thresholds for pre-merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. Most significantly, the FTC announced that the minimum “size-of-transaction” threshold has fallen from $65.2 million to $63.4 million. The FTC revises the thresholds annually based on changes in the gross national product and this is the first year in which the thresholds have been revised downward. The new thresholds will take effect on Monday, February 22, 2010.