Clayton Act Threshold Changes: Basic HSR Threshold Raised to $59.8 Million

Clayton Act Threshold Changes: Basic HSR Threshold Raised to $59.8 Million

Publications

Effective February 14, 2007, the well-known $50 million HSR reporting threshold will undergo its annual adjustment for inflation, rising to $59.8 million for 2007. At the same time, all of the notification and exemption dollar thresholds in the HSR statute, regulations and reporting instructions that are subject to annual adjustments[1] will be raised by the same adjustment. The effective HSR dollar thresholds for 2007 are as follows:

Original Threshold Adjusted Threshold
$10 million $12.0 million
$50 million $59.8 million
$100 million $119.6 million
$110 million $131.5 million
$200 million $239.2 million
$500 million $597.9 million
$1 billion $1.1958 billion

The dollar thresholds for Section 8 of the Clayton Act, which governs interlocking directorates, have also undergone an annual adjustment for inflation. Effective January 22, 2007, the threshold for Section 8(a)(1) became $24,001,000 and the threshold for Section 8(a)(2)(A) became $2,400,100.

For the FTC press release regarding this change, with links to the related Federal Register announcement, please click here.

For more information on this or other antitrust matters, please contact the authors listed above.



[1] The annual inflationary adjustments to the reporting thresholds were required by the 2000 amendments to the Hart-Scott-Rodino Antitrust Improvements Act of 1976, 15 U.S.C. §18a, as amended.