HSR Act Filing Threshold Revisions - January 2016

Weil, Gotshal & Manges

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Antitrust/Competition Summary of threshold changes: Original threshold 2016 Adjusted threshold $10 million $15.6 million $50 million $78.2 million $100 million $156.3 million $200 million $312.6 million $500 million $781.5 million $1 billion $1.563 billion The HSR Act filing fee thresholds also have been revised as shown in the following chart. Transaction valued at: HSR Act Filing Fee More than $78.2 million but less than $156.3 million $45,000 $156.3 million or more but less than $781.5 million $125,000 $781.5 million or more Revisions in Thresholds for Section 8 of the Clayton Act The FTC also has revised the thresholds for interlocking directorates prohibited by Section 8 of the Clayton Act. The FTC is required to revise the Section 8 thresholds annually based on changes in the gross national product. Section 8 of the Clayton Act prohibits, with certain exceptions, one person serving as a director or officer of two competing corporations if certain thresholds are met. As revised, Section 8 now covers situations where each corporation has capital, surplus, and undivided profits aggregating $31,841,000 or more, unless either corporation has competitive sales of less than $3,184,100. $280,000 Further information regarding these revisions to the HSR Act and Section 8 of the Clayton Act are available on the FTC website at: https://www.ftc.gov/ news-events/press-releases/2016/01/ftc-announcesnew-clayton-act-monetary-thresholds-2016. If you have questions concerning the contents of this Alert, or would like more information about Weil’s Antitrust/Competition practice group, please speak to your regular contact at Weil, or to: John Sipple (Washington DC) Bio Page john.sipple@weil.com +1 202 682 7082 Vadim Brusser (Washington DC) Bio Page vadim.brusser@weil.com +1 202 682 7224 Alexis Brown-Reilly (Washington DC) Bio Page alexis.brown-reilly@weil.com +1 202 682 7084 Jonathan Cheng (Washington DC) Bio Page jonathan.cheng@weil.com +1 202 682 7248 © 2016 Weil, Gotshal & Manges LLP. All rights reserved.

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