FTC Increases Notification Thresholds Under The Hart-Scott-Rodino Act And Clayton Act Section 8

Summary

The US Federal Trade Commission recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act.

In Depth

Notification Threshold Adjustments

The US Federal Trade Commission (FTC) announced revised thresholds for Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) pre-merger notifications on January 26, 2018. These increased thresholds will become effective in late February or early March. These new thresholds apply to any transaction that closes on or after the effective date.

• The base filing threshold, which frequently determines whether a transaction requires filing of an HSR notification, will increase to $84.4 million.