Clayton Act Threshold Changes: Basic HSR Threshold Raised to $63.1 Million

Clayton Act Threshold Changes: Basic HSR Threshold Raised to $63.1 Million

Publications

Effective February 28, 2008, the well-known $50 million size-of-transaction threshold for Hart-Scott-Rodino reporting purposes will undergo its annual adjustment for inflation, rising to $63.1 million for 2008. 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[i] will be raised by the same percentage adjustment. The effective HSR dollar thresholds for 2008 are as follows:

Original Threshold

Adjusted Threshold

$10 million

$12.6 million

$50 million

$63.1 million

$100 million

$126.2 million

$110 million

$138.8 million

$200 million

$252.3 million

$500 million

$630.8 million

$1 billion

$1.2615 billion

The dollar thresholds for Section 8 of the Clayton Act, which governs interlocking directorates, have also undergone an annual adjustment for inflation. The threshold for Section 8(a)(1) will become $25,319,000 and the threshold for Section 8(a)(2)(A) will become $2,531,900.

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

[i] 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.

Contributors