83 FR 4048 - Revised Jurisdictional Thresholds for Section 8 of the Clayton Act

FEDERAL TRADE COMMISSION

Federal Register Volume 83, Issue 19 (January 29, 2018)

The Federal Trade Commission announces the revised thresholds for interlocking directorates required by the 1990 amendment of Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Competitor corporations are covered by Section 8 if each one has capital, surplus, and undivided profits aggregating more than $10,000,000, with the exception that no corporation is covered if the competitive sales of either corporation are less than $1,000,000. Section 8(a)(5) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product. The new thresholds, which take effect immediately, are $34,395,000 for Section 8(a)(1), and $3,439,500 for Section 8(a)(2)(A).

[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Page 4048]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01578]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION


Revised Jurisdictional Thresholds for Section 8 of the Clayton 
Act

AGENCY: Federal Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission announces the revised thresholds 
for interlocking directorates required by the 1990 amendment of Section 
8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one 
person from serving as a director or officer of two competing 
corporations if two thresholds are met. Competitor corporations are 
covered by Section 8 if each one has capital, surplus, and undivided 
profits aggregating more than $10,000,000, with the exception that no 
corporation is covered if the competitive sales of either corporation 
are less than $1,000,000. Section 8(a)(5) requires the Federal Trade 
Commission to revise those thresholds annually, based on the change in 
gross national product. The new thresholds, which take effect 
immediately, are $34,395,000 for Section 8(a)(1), and $3,439,500 for 
Section 8(a)(2)(A).

DATES: Applicable Date: January 29, 2018.

FOR FURTHER INFORMATION CONTACT: James F. Mongoven, Bureau of 
Competition, Office of Policy and Coordination, (202) 326-2879.

    Authority:  15 U.S.C. 19(a)(5).

Donald S. Clark,
Secretary.
[FR Doc. 2018-01578 Filed 1-26-18; 8:45 am]
 BILLING CODE 6750-01-P