FTC Announces Changes to HSR and Clayton Act Section 8 Jurisdictional Thresholds

On 21 January 2011, the Federal Trade Commission (FTC) released the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), as well as for Section 8 of the Clayton Act. The new thresholds for HSR notification will become effective 30 days after publication in the Federal Register. The revisions to Section 8 will become effective upon publication in the Federal Register. Both changes should be effective before the end of February 2011.

HSR notification thesholds

Under the HSR Act, certain acquisitions of assets, voting securities, or interests in non-corporate entities are subject