Transactions valued at over $119.5 million will require HSR premerger notification in 2024. The updated thresholds are expected to take effect for transactions.
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On May 12, 2021, the European Commission (“the Commission”) announced that it will review Facebook’s proposed acquisition of customer relationship management (“CRM”) startup, Kustomer. While the deal failed to trigger the Commission’s pre-merger notification thresholds, ten member nations used the established Article 22 referral process to request that the Commission review the transaction and address potential competitive concerns. The Commission’s decision follows its April 2, 2021 announcement that it would review Illumina’s proposed acquisition of GRAIL, another transaction that failed to trigger the Commission’s notification requirements. Together, these cases highlight the Commission’s continued focus on targeting purchases of nascent competitors.