2012 Threshold Revisions Announced For HSR Act And Clayton Act Section 8 Prohibition On Interlocking Directorates

The Hart-Scott-Rodino Antitrust Improvements Act, commonly known as the HSR Act, requires parties to certain mergers, acquisitions, and other transactions to notify the Federal Trade Commission and Department of Justice prior to consummation. The HSR Act enables antitrust regulators to review transactions and investigate and address potential antitrust violations prior to consummation.

Each year, the FTC adjusts the dollar thresholds that trigger the obligation to make HSR filings based on changes in the gross national product. This week, the FTC announced the new thresholds for 2012. Effective 30 days after publication, the basic notification threshold will be adjusted upward from $66 million to $68.2 million.