Revisions to HSR Act Filing Thresholds, Civil Penalty Maximum, and Interlocking Directorate Thresholds

The U.S. Federal Trade Commission has issued its proposed annual revisions to the jurisdictional thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). The new thresholds are scheduled to become effective on March 4, 2021 and apply to transactions consummated on or after that effective date. The HSR Act requires the FTC to revise the thresholds annually based on changes in the gross national product. The thresholds decreased this year due to the economic impact of the COVID-19 pandemic.

This Weil Alert summarizes the changes to the HSR notification and filing fee thresholds, maximum civil penalties for HSR Act violations, and the thresholds for interlocking directorates prohibited under Section 8 of the Clayton Act.