Hart-Scott-Rodino And Interlocking Directorates Thresholds Rise For 2018

On January 29, 2018, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15 U.S.C. § 19). Once the new thresholds come into effect, the HSR size-of-the-transaction threshold will increase approximately 4.5% from $80.8 million to $84.4 million.

For HSR purposes, the revised thresholds will apply for transactions that close on or after February 28, 2018. For Section 8 purposes, the revised thresholds are effective immediately.

Size-of-the-Transaction Test (Original: $50 Million; New as of February 28, 2018: $84.4 Million)

The 2000 HSR amendments raised the size-of-the-transaction test to $50 million. This figure is currently $80.8 million based upon the 2017 annual adjustment. On February 28, 2018, however, it will increase to $84.4 million. Accordingly, for transactions that close on or after February 28, 2018, no