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.
Notification Threshold Adjustments
The US Federal Trade Commission (FTC) announced revised
thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (HSR) pre-merger notifications on February 15, 2019. These
increased thresholds will become effective mid-to-late
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 $90 million.