Clifford Chance
U.S. Federal Trade Commission Announces Annual Revisions to the Thresholds of the HSR Act and Prohibition Against Interlocking Directors
22 January 2016
Pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended, barring numerous exceptions, parties to an acquisition or merger meeting certain annually adjusted thresholds must make a pre-closing notification to the U.S. Federal Trade Commission and Department of Justice and abide by the HSR Act's mandatory waiting period. The thresholds determining the applicable fee associated with making an HSR filing are also updated annually. On January 21, 2016, the FTC announced this year's revised thresholds for the HSR Act. The new thresholds will apply to any transaction that closes on or after a currently unspecified date, which we expect to likely be mid-February 2016. The FTC also announced its annual revision to the thresholds applicable to Section 8 of the Clayton Act, which prohibits interlocking directors.
