Clayton Act Threshold Changes: Basic HSR Threshold Raised to $63.1 Million
- 1.29.2008
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.
