Close X
Attorney Spotlight

How did a clerkship with Judge Merritt change the way Chris Climo approaches the practice of law? Find out more>


Close X


Search our Experience

Experience Spotlight

Primary Care Providers Win Challenge of CMS Interpretation of Enhanced Payment Law

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

Tennessee Medical Association & Bass, Berry & Sims

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Download the Healthcare Fraud & Abuse Review 2017, authored by Bass, Berry & Sims

The Healthcare Fraud & Abuse Review 2017 details all healthcare-related False Claims Act settlements from last year, organized by particular sectors of the healthcare industry. In addition to reviewing all healthcare fraud-related settlements, the Review includes updates on enforcement-related litigation involving the Stark Law and Anti-Kickback Statute, and looks at the continued implications from the government's focus on enforcement efforts involving individual actors in connection with civil and criminal healthcare fraud investigations.

Click here to download the Review.

FTC Announces Revised, Other HSR Thresholds for 2018

Firm Publication


January 30, 2018

The Hart-Scott-Rodino (HSR) Act requires parties to transactions that meet certain thresholds to notify the Department of Justice (DOJ) and Federal Trade Commission (FTC) and observe a waiting period prior to closing, unless certain exemptions apply. These thresholds are adjusted annually.

On January 29, 2018, the FTC announced revised HSR thresholds, which will be effective sometime in late February or very early March 2018, 30 days after they are published in the Federal Register. The revised thresholds are:

Size-of-Transaction Test: The threshold used in the size-of-transaction test will increase from $80.8 million to $84.4 million.

Size-of-Persons Test: The sales and assets thresholds used in the size-of-persons test will increase from $16.2 million to $16.9 million and from $161.5 million to $168.8 million, respectively. The size-of-transaction threshold above which the size-of-persons test no longer applies will increase from $323.0 million to $337.6 million.

Greater Notification Thresholds: These thresholds, which apply to subsequent acquisitions of voting securities made within five years after expiration or termination of the waiting period of a previous HSR filing for an acquisition of voting securities from the same issuer, were revised as follows:

Previous Threshold

Revised Threshold

$161.5 million

$168.8 million

$807.5 million

$843.9 million

25% of voting securities if valued at greater than $1,615 million

25% of voting securities if valued at greater than $1,687.8 million

50% of voting securities if valued at greater than $80.8 million

50% of voting securities if valued at greater than $84.4 million

Filing Fees: Filing fee thresholds based upon the value of assets or voting securities being acquired will be revised as follows:

Value of Transaction

Filing Fee

$84.4 million to
$168.8 million


$168.8 million to
$843.9 million


$843.9 million or more


Penalty for HSR Violations: The penalty for HSR violations increased last year from $16,000 per day to $40,000 per day and is now annually adjusted. The daily penalty for HSR violation was increased from $40,654 to $41,484.

FTC Revises Clayton Act Section 8 Thresholds for Interlocking Directorates

The FTC also announced revised thresholds for interlocking directorates under Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, a person from serving as a director or officer of two competing corporations. As a result of this year's adjustments, which became effective on January 29, 2018, Section 8 applies to corporations with capital, surplus and undivided profits aggregating more than $34,395,000, unless the competitive sales of either corporation are less than $3,439,500; the competitive sales of either corporation are less than 2 percent of that corporation's total sales; or the competitive sales of each corporation are less than 4 percent of that corporation's total sales.

Related Professionals

Related Services


Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.