HSR Thresholds Toolkit | Practical Law

HSR Thresholds Toolkit | Practical Law

This Toolkit includes resources that help counsel determine if a transaction is reportable under the Hart-Scott-Rodino (HSR) Act using the size-of-person and size-of-transaction thresholds. The Toolkit includes, among other things, materials on valuing a potentially HSR-reportable transaction, the HSR thresholds, and determining the ultimate parent entity.

HSR Thresholds Toolkit

Practical Law Toolkit w-000-5330 (Approx. 4 pages)

HSR Thresholds Toolkit

by Practical Law Antitrust
MaintainedUSA (National/Federal)
This Toolkit includes resources that help counsel determine if a transaction is reportable under the Hart-Scott-Rodino (HSR) Act using the size-of-person and size-of-transaction thresholds. The Toolkit includes, among other things, materials on valuing a potentially HSR-reportable transaction, the HSR thresholds, and determining the ultimate parent entity.
The Hart-Scott-Rodino Act (HSR Act) requires that parties to certain transactions make premerger notification filings to the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) before the transaction can close. Before a transaction is consummated, counsel must determine whether an HSR filing is required based on:
  • The size of the parties involved (size-of-person test).
  • The size of the transaction (size-of-transaction test).
This HSR Thresholds Toolkit is a collection of continuously maintained resources designed to help counsel determine if the HSR thresholds are met. This Toolkit also provides resources that counsel may use to help draft a representation in a purchase agreement that an HSR filing is unnecessary for failure to meet a particular threshold.

Practice Note Overview