HSR Threshold Drops for the First Time: Revised Minimum Threshold of $63.4 Million Results in 2.8% Decrease from 2009

January 21, 2010
The Federal Trade Commission recently announced that the dollar-based thresholds applicable to the Hart-Scott-Rodino premerger notification program will be lowered for the first time effective February 22, 2010. The revised HSR minimum threshold will be $63.4 million. The FTC also lowered the interlocking directorate thresholds prohibiting any person from holding positions as an officer or director of competing corporations engaged in commerce. This update examines the new thresholds, which will increase the number of corporations covered by Section 8 of the Clayton Act.