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January 25, 2011

Hart-Scott-Rodino Premerger Filing Thresholds Raised by the Federal Trade Commission — Thresholds Regarding Interlocking Directorates Changed as Well

Summary: The Federal Trade Commission (“FTC”) last week announced its annual revision of the filing thresholds for the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”), which determine whether companies may be required to notify U.S. antitrust authorities of a pending transaction. At the same time, the FTC announced revisions to thresholds relating to prohibitions on interlocking directorates under Section 8 of the Clayton Act.

The Client Alert reviews the newly adjusted HSR Act thresholds and the new thresholds for the Clayton Act’s prohibition on interlocking directorates.