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| FTC Revises Thresholds For Antitrust Reviews |
by Glen Shapiro, LawAndTax-News.com, New York
Monday, January 30, 2012
The United States Federal Trade Commission (FTC) has announced it has revised
the pre-merger thresholds that determine whether companies are required to notify
federal antitrust authorities about a proposed transaction.
The filing thresholds are required to be adjusted annually to keep pace with
inflation, unlike the pre-merger filing fees, which have not changed in more
than a decade.
Companies are required to notify the FTC if, among other things, the value
of a transaction exceeds the filing thresholds. The FTC is required to revise
those thresholds annually, based on the change in gross national product. For
2012, for example, the threshold for reporting proposed mergers and acquisitions,
subject to enforcement under Section 7 of the Clayton Act, increased from USD66m
to USD68.2m.
The FTC also announced revisions to the thresholds that trigger a prohibition
preventing companies from having interlocking memberships on their corporate
boards of directors under Section 8 of the Clayton Act.
The revised thresholds under Section 7 will apply to all transactions that
close on or after the effective date of the notice, which is 30 days after its
publication in the Federal Register. The thresholds for Section 8 will become
effective upon publication in the Federal Register.
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