FTC Announces New Higher HSR Filing and Interlocking Directorate Thresholds, Higher Civil Penalties

FTC Announces New Higher HSR Filing and Interlocking Directorate Thresholds, Higher Civil Penalties

January 25, 2022, Covington Alert

Yesterday, the Federal Trade Commission (“FTC”) published revised thresholds for the HartScott-Rodino (“HSR”) Act, which will take effect on February 23, 2022. Earlier, the FTC also announced new thresholds for Section 8 of the Clayton Act, which governs interlocking directorates. Each of these thresholds is higher for 2022, than for 2021. The HSR Act and Section 8 thresholds are adjusted annually based on the change in gross national product. The maximum daily civil penalty for violations of the HSR Act, which is tied to inflation, has also increased.