FTC’s 2020 Adjustments to HSR Filing Thresholds

By: John R. Chadd, Bryan K. Prosek

Published: March 27, 2020

The Federal Trade Commission (“FTC”) announced its annual adjustment for notification thresholds for proposed mergers and acquisitions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”).

HSR Act Threshold Increases:

An HSR Filing May be Necessary If:

The FTC also adjusted the thresholds in Section 8 of the Clayton Act that trigger the prohibition on “interlocking directorates” – where one person serves as a director or officer of two competing corporations (subject to certain exceptions). Now the prohibition may apply when (1) each corporation has capital, surplus, and undivided profits aggregating more than $38,204,000, and (2) each corporation’s competitive sales are at least $3,820,400.

Steptoe & Johnson PLLC has an experienced group of business attorneys who can help you analyze HSR Act issues. Please contact Bryan Prosek or John Chadd with any questions on this alert.

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