For 2022, the size-of-transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act will adjust from $92 million to $101 million. Also, the 2022 thresholds under Section 8 of the Act that trigger prohibitions on certain interlocking memberships on corporate boards of directors are $41,034,000 for Section 8(a)(l ) and $4,103,400 for Section 8(a)(2)(A).
The FTC revises the thresholds annually, based on the change in gross national product. The revised thresholds under Section 7A of the Clayton Act 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 of the Clayton Act become effective upon publication in the Federal Register. A complete listing of current thresholds can be found on the FTC’s website, and will be updated once the revised thresholds are published in the Federal Register.
Commissioner Rebecca Kelly Slaughter issued a statement, which was joined by Chair Lina M. Khan.
The votes to approve the Federal Register notices announcing the threshold revisions were both 4-0.