The FTC recently announced (click here) its annual revisions to thresholds that determine whether companies are required to notify federal antitrust authorities about a transaction under Section 7A of the Clayton Act, the Hart-Scott-Rodino ("HSR") Antitrust Improvements Act. The HSR Act requires companies to notify authorities if the size of the parties at issue and the value of a transaction exceeds the filing thresholds, absent an applicable exemption. The filing thresholds are adjusted annually to keep pace with the change in the level of the GNP. For 2014, the size of transaction threshold for reporting proposed mergers and acquisitions subject to enforcement under Section 7A of the Clayton Act will increase from $70.9 million to $75.9 million
The FTC also announced revisions to the thresholds (which, like the HSR Act, are adjusted based on change in the level of GNP) that trigger a prohibition preventing companies from having interlocking memberships on their corporate boards of directors under Section 8 of the Clayton Act. The new thresholds for the Act’s prohibition on interlocking directorates are $29,945,000 for Section 8(a)(1) and $2,994,500 for Section 8(a)(2)(A).