Commission Announces Revised Jurisdictional Thresholds for Section 7A and Section 8 of the Clayton Act

The Commission, by a vote of 4-0, has approved a Federal Register notice announcing the revised thresholds for the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 required by the 2000 amendments to Section 7A of the Clayton Act. Section 7A(a)(2) requires the FTC to revise the jurisdictional thresholds annually, based on the change in gross national product, in accordance with Section 8(a)(5). Certain related thresholds and limitations in the HSR rules also are adjusted by this notice. The notice will be published in the Federal Register shortly and become effective 30 days after publication. The revised thresholds will apply to all transactions that close on or after the effective date of this notice. (FTC File No. P859910; the staff contact is Michael Verne, Bureau of Competition, 202-326-3100.)

Also, by a vote of 4-0, the Commission has approved a Federal Register notice announcing the revised thresholds for Section 8 interlocking directorates. Section 8 of the Clayton Act was amended on November 16, 1990. The amendment establishes jurisdictional thresholds that trigger the Act’s prohibition on interlocking directorates. The Act also requires that the Commission revise those thresholds annually, based on the change in the level of gross national product. The new thresholds are $26,161,000 for Section 8(a)(1) and $2,616,100 for Section 8(a)(2)(A). The notice announcing the revisions will be published in the Federal Register shortly and will be effective upon publication. (FTC File No. P859910; the staff contact is James F. Mongoven, Bureau of Competition, 202-326-2879.)

Copies of the documents mentioned in this release are available from the FTC’s Web site at http://www.ftc.gov and from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Call toll-free: 1-877-FTC-HELP.

(FYI 1.2009.wpd)

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