HSR Threshold Breaks $60 Million Mark: Annual Revision to HSR Thresholds Results in Second Consecutive 5.5% Increase

January 30, 2008
The Federal Trade Commission (“FTC”) recently announced that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will again be raised effective February 28, 2008. For the first time, the HSR minimum threshold will be in excess of $60 million. The FTC also again raised interlocking directorate thresholds prohibiting any person from holding positions as an officer or director of competing corporations engaged in commerce. The increased thresholds will reduce the number of corporations covered by Section 8 of the Clayton Act. This article analyzes the new thresholds.