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ARTICLE · 17 JANUARY 2013

FTC Announces Annual Changes To Thresholds In Clayton Act

Pepper Hamilton LLP
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The Federal Trade Commission (FTC) announced the annual changes to the thresholds contained in Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)) and 8 of the Clayton Act (15 USC 18a and 19) (Interlocking Directors).

United StatesAntitrust/Competition Law
Barbara Sicalides
Barbara Sicalides
Sarah Sandok Rabinovici
Sarah Sandok Rabinovici
Alexander Harris
Alexander Harris

The Federal Trade Commission (FTC) announced the annual changes to the thresholds contained in Sections 7A (Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)) and 8 of the Clayton Act (15 USC 18a and 19) (Interlocking Directors). The thresholds applicable under both these statutes is adjusted annually.

The highlights are:

Hart-Scott-Rodino

Section 7 prohibits mergers and other acquisitions of "stock or other share capital ... or part of the assets of another person ... where ... the effect of such acquisition may be substantially to lessen competition, or tend to create a monopoly." 15 U.S.C. § 18. The HSR Act is designed to permit the U.S. antitrust enforcement agencies to evaluate the potential competitive effects of and challenge, if appropriate, a transaction before it is consummated.

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