83 FR 4050 - Revised Jurisdictional Thresholds for Section 7A of the Clayton Act
FEDERAL TRADE COMMISSION Federal Register Volume 83, Issue 19 (January 29, 2018)
Federal Register Volume 83, Issue 19 (January 29, 2018)
| Page Range | 4050-4051 | |
| FR Document | 2018-01579 |
[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)] [Notices] [Pages 4050-4051] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01579] ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION Revised Jurisdictional Thresholds for Section 7A of the Clayton Act AGENCY: Federal Trade Commission. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Federal Trade Commission announces the revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 required by the 2000 amendment of Section 7A of the Clayton Act. DATES: February 28, 2018. FOR FURTHER INFORMATION CONTACT: Robert Jones, Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 400 7th Street SW, Room #5301, Washington, DC 20024, Phone (202) 326-3100. SUPPLEMENTARY INFORMATION: Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, Public Law 94-435, 90 Stat. 1390 (``the Act''), requires all persons contemplating certain mergers or acquisitions, which meet or exceed the jurisdictional thresholds in the Act, to file notification with the Commission and the Assistant Attorney General and to wait a designated period of time before consummating such transactions. Section 7A(a)(2) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product, in accordance with Section 8(a)(5). Note that while the filing fee thresholds are revised annually, the actual filing fees are not similarly indexed and, as a result, have not been adjusted for inflation in over a decade. The new thresholds, which take effect 30 days after publication in the Federal Register, are as follows: ------------------------------------------------------------------------ Original Adjusted Subsection of 7A threshold threshold (million) (million) ------------------------------------------------------------------------ 7A(a)(2)(A)............................. $200 $337.6 7A(a)(2)(B)(i).......................... 50 84.4 7A(a)(2)(B)(i).......................... 200 337.6 7A(a)(2)(B)(ii)(i)...................... 10 16.9 7A(a)(2)(B)(ii)(i)...................... 100 168.8 7A(a)(2)(B)(ii)(II)..................... 10 16.9 7A(a)(2)(B)(ii)(II)..................... 100 168.8 7A(a)(2)(B)(ii)(III).................... 100 168.8 7A(a)(2)(B)(ii)(III).................... 10 16.9 Section 7A note: Assessment and 100 168.8 Collection of Filing Fee \1\ (3)(b)(1). Section 7A note: Assessment and 100 168.8 Collection of Filing Fees (3)(b)(2).... Section 7A note: Assessment and 500 843.9 Collection of Filing Fees (3)(b)(2).... Section 7A note: Assessment and 500 843.9 Collection of Filing Fees (3)(b)(3).... ------------------------------------------------------------------------ \1\ Public Law 106-553, Sec. 630(b) amended Sec. 18a note. [[Page 4051]] Any reference to these thresholds and related thresholds and limitation values in the HSR rules (16 CFR parts 801-803) and the Antitrust Improvements Act Notification and Report Form (``the HSR Form'') and its Instructions will also be adjusted, where indicated by the term ``(as adjusted)'', as follows: ------------------------------------------------------------------------ Adjusted Original threshold threshold (million) ------------------------------------------------------------------------ $10 million............................................. $16.9 $50 million............................................. 84.4 $100 million............................................ 168.8 $110 million............................................ 185.7 $200 million............................................ 337.6 $500 million............................................ 843.9 $1 billion.............................................. 1,687.8 ------------------------------------------------------------------------ By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. 2018-01579 Filed 1-26-18; 8:45 am] BILLING CODE 6750-01-P
![4050 Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices
a clear and conspicuous qualification Part V prohibits respondents from FEDERAL TRADE COMMISSION
appears immediately adjacent to the providing third parties with the means
representation that accurately conveys and instrumentalities to make the Revised Jurisdictional Thresholds for
the extent to which the product contains claims prohibited in Parts I, III, or IV. Section 7A of the Clayton Act
foreign parts, ingredients or Parts VI through IX are reporting and AGENCY: Federal Trade Commission.
components, and/or processing. compliance provisions. Part VI requires ACTION: Notice.
Part II prohibits respondents from respondents to acknowledge receipt of
making any representation about any the order, to provide a copy of the order SUMMARY: The Federal Trade
user or endorser of any product, to certain current and future principals, Commission announces the revised
package, certification, service, practice, officers, directors, and employees, and thresholds for the Hart-Scott-Rodino
or program, unless respondents disclose to obtain an acknowledgement from Antitrust Improvements Act of 1976
clearly and conspicuously any material each such person that they have required by the 2000 amendment of
connection between a user or endorser received a copy of the order. Part VII Section 7A of the Clayton Act.
and (1) respondents or (2) any other requires the filing of compliance reports DATES: February 28, 2018.
individual or entity affiliated with the within one year after the order becomes FOR FURTHER INFORMATION CONTACT:
product or service. Robert Jones, Federal Trade
final and within 14 days of any change
Part III prohibits respondents from that would affect compliance with the Commission, Bureau of Competition,
representing, expressly or by order. Part VIII requires respondents to Premerger Notification Office, 400 7th
implication, that a product or service maintain certain records, including Street SW, Room #5301, Washington,
meets respondents’ certification records necessary to demonstrate DC 20024, Phone (202) 326–3100.
standard, unless: (1) An entity with no compliance with the order. Part IX SUPPLEMENTARY INFORMATION: Section
material connection to that covered requires respondents to submit 7A of the Clayton Act, 15 U.S.C. 18a, as
entity conducted an independent and additional compliance reports when added by the Hart-Scott-Rodino
objective evaluation to confirm that the Antitrust Improvements Act of 1976,
requested by the Commission and to
certification standard was met; or (2) Public Law 94–435, 90 Stat. 1390 (‘‘the
permit the Commission or its
respondents’ certification and marketing Act’’), requires all persons
materials disclose clearly and representatives to interview
respondents’ personnel. contemplating certain mergers or
conspicuously that the certification acquisitions, which meet or exceed the
standard may be met through self- Finally, Part X is a ‘‘sunset’’ jurisdictional thresholds in the Act, to
certification. provision, terminating the order after file notification with the Commission
Part IV prohibits respondents from twenty (20) years, with certain and the Assistant Attorney General and
making any country-of-origin claim exceptions. to wait a designated period of time
about a product or service unless the The purpose of this analysis is to aid before consummating such transactions.
claim is true, not misleading, and public comment on the proposed order. Section 7A(a)(2) requires the Federal
respondents have a reasonable basis It is not intended to constitute an Trade Commission to revise those
substantiating the representation. In the official interpretation of the proposed thresholds annually, based on the
alternative, for country-of-origin order or to modify its terms in any way. change in gross national product, in
representations made through AMM accordance with Section 8(a)(5). Note
By direction of the Commission.
marketing materials, respondents may that while the filing fee thresholds are
make such claims if (1) they neither Donald S. Clark, revised annually, the actual filing fees
know or have reason to know that the Secretary. are not similarly indexed and, as a
self-certification is misleading, and (2) [FR Doc. 2018–01546 Filed 1–26–18; 8:45 am] result, have not been adjusted for
disclose clearly and prominently that BILLING CODE 6750–01–P inflation in over a decade. The new
products or services meet the thresholds, which take effect 30 days
certification standard through self- after publication in the Federal
certification. Register, are as follows:
Original Adjusted
Subsection of 7A threshold threshold
(million) (million)
7A(a)(2)(A) ............................................................................................................................................................... $200 $337.6
7A(a)(2)(B)(i) ............................................................................................................................................................ 50 84.4
7A(a)(2)(B)(i) ............................................................................................................................................................ 200 337.6
7A(a)(2)(B)(ii)(i) ........................................................................................................................................................ 10 16.9
7A(a)(2)(B)(ii)(i) ........................................................................................................................................................ 100 168.8
7A(a)(2)(B)(ii)(II) ....................................................................................................................................................... 10 16.9
7A(a)(2)(B)(ii)(II) ....................................................................................................................................................... 100 168.8
7A(a)(2)(B)(ii)(III) ...................................................................................................................................................... 100 168.8
7A(a)(2)(B)(ii)(III) ...................................................................................................................................................... 10 16.9
Section 7A note: Assessment and Collection of Filing Fee 1 (3)(b)(1) ................................................................... 100 168.8
sradovich on DSK3GMQ082PROD with NOTICES
Section 7A note: Assessment and Collection of Filing Fees (3)(b)(2) .................................................................... 100 168.8
Section 7A note: Assessment and Collection of Filing Fees (3)(b)(2) .................................................................... 500 843.9
Section 7A note: Assessment and Collection of Filing Fees (3)(b)(3) .................................................................... 500 843.9
1 Public Law 106–553, Sec. 630(b) amended Sec. 18a note.
VerDate Sep<11>2014 18:19 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1](https://thefederalregister.org/doc/83_FR_4069/page/1.svg)
![Federal Register / Vol. 83, No. 19 / Monday, January 29, 2018 / Notices 4051
Any reference to these thresholds and Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC–
related thresholds and limitation values Pennsylvania Avenue NW, Suite CC– 5610 (Annex D), Washington, DC 20580,
in the HSR rules (16 CFR parts 801–803) 5610 (Annex D), Washington, DC 20580, or deliver your comment to the
and the Antitrust Improvements Act or deliver your comment to the following address: Federal Trade
Notification and Report Form (‘‘the HSR following address: Federal Trade Commission, Office of the Secretary,
Form’’) and its Instructions will also be Commission, Office of the Secretary, Constitution Center, 400 7th Street SW,
adjusted, where indicated by the term Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610 (Annex D),
‘‘(as adjusted)’’, as follows: 5th Floor, Suite 5610 (Annex D), Washington, DC 20024. If possible,
Washington, DC 20024. submit your paper comment to the
Adjusted FOR FURTHER INFORMATION CONTACT: Eric Commission by courier or overnight
Original threshold threshold service.
(million) Olson (202–326–2349), Bureau of
Competition, 600 Pennsylvania Avenue Because your comment will be placed
$10 million ............................ $16.9 NW, Washington, DC 20580. on the publicly accessible FTC website
$50 million ............................ 84.4 SUPPLEMENTARY INFORMATION: Pursuant at https://www.ftc.gov, you are solely
$100 million .......................... 168.8 to Section 6(f) of the Federal Trade responsible for making sure that your
$110 million .......................... 185.7 Commission Act, 15 U.S.C. 46(f), and comment does not include any sensitive
$200 million .......................... 337.6 or confidential information. In
$500 million .......................... 843.9
FTC Rule 2.34, 16 CFR 2.34, notice is
hereby given that the above-captioned particular, your comment should not
$1 billion ............................... 1,687.8
consent agreement containing a consent include any sensitive personal
order to cease and desist, having been information, such as your or anyone
By direction of the Commission. else’s Social Security number; date of
filed with and accepted, subject to final
Donald S. Clark, approval, by the Commission, has been birth; driver’s license number or other
Secretary. placed on the public record for a period state identification number, or foreign
[FR Doc. 2018–01579 Filed 1–26–18; 8:45 am] of thirty (30) days. The following country equivalent; passport number;
BILLING CODE 6750–01–P Analysis to Aid Public Comment financial account number; or credit or
describes the terms of the consent debit card number. You are also solely
agreement, and the allegations in the responsible for making sure that your
FEDERAL TRADE COMMISSION complaint. An electronic copy of the comment does not include any sensitive
full text of the consent agreement health information, such as medical
[File No. 171 0126]
package can be obtained from the FTC records or other individually
Seven & iHoldings Co., Ltd., a Home Page (for January 19, 2018), on identifiable health information. In
Corporation; 7-Eleven, Inc., a the World Wide Web, at https:// addition, your comment should not
Corporation; and Sunoco LP, a Limited www.ftc.gov/news-events/commission- include any ‘‘trade secret or any
Partnership; Analysis To Aid Public actions. commercial or financial information
Comment You can file a comment online or on which . . . is privileged or
paper. For the Commission to consider confidential’’—as provided by Section
AGENCY: Federal Trade Commission. your comment, we must receive it on or 6(f) of the FTC Act, 15 U.S.C. 46(f), and
ACTION: Proposed Consent Agreement. before February 20, 2018. Write ‘‘In the FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
Matter of Seven & iHoldings Co., Ltd. including in particular competitively
SUMMARY: The consent agreement in this sensitive information such as costs,
File No. 1710126’’ on your comment.
matter settles alleged violations of sales statistics, inventories, formulas,
Your comment—including your name
federal law prohibiting unfair methods patterns, devices, manufacturing
and your state—will be placed on the
of competition. The attached Analysis to processes, or customer names.
public record of this proceeding,
Aid Public Comment describes both the Comments containing material for
including, to the extent practicable, on
allegations in the complaint and the which confidential treatment is
the public Commission website, at
terms of the consent orders—embodied requested must be filed in paper form,
https://www.ftc.gov/policy/public-
in the consent agreement—that would must be clearly labeled ‘‘Confidential,’’
comments.
settle these allegations. Postal mail addressed to the and must comply with FTC Rule 4.9(c).
DATES: Comments must be received on Commission is subject to delay due to In particular, the written request for
or before February 20, 2018. heightened security screening. As a confidential treatment that accompanies
ADDRESSES: Interested parties may file a result, we encourage you to submit your the comment must include the factual
comment online or on paper, by comments online. To make sure that the and legal basis for the request, and must
following the instructions in the Commission considers your online identify the specific portions of the
Request for Comment part of the comment, you must file it at https:// comment to be withheld from the public
SUPPLEMENTARY INFORMATION section ftcpublic.commentworks.com/ftc/ record. See FTC Rule 4.9(c). Your
below. Write: ‘‘In the Matter of Seven & sevensunococonsent by following the comment will be kept confidential only
iHoldings Co., Ltd. File No. 1710126’’ instructions on the web-based form. If if the General Counsel grants your
on your comment, and file your this Notice appears at http:// request in accordance with the law and
comment online at https:// www.regulations.gov/#!home, you also the public interest. Once your comment
ftcpublic.commentworks.com/ftc/ may file a comment through that has been posted on the public FTC
sevensunococonsent by following the website—as legally required by FTC
sradovich on DSK3GMQ082PROD with NOTICES
website.
instructions on the web-based form. If If you prefer to file your comment on Rule 4.9(b)—we cannot redact or
you prefer to file your comment on paper, write ‘‘In the Matter of Seven & remove your comment from the FTC
paper, write ‘‘In the Matter of Seven & iHoldings Co., Ltd. File No. 1710126’’ website, unless you submit a
iHoldings Co., Ltd. File No. 1710126’’ on your comment and on the envelope, confidentiality request that meets the
on your comment and on the envelope, and mail your comment to the following requirements for such treatment under
and mail your comment to the following address: Federal Trade Commission, FTC Rule 4.9(c), and the General
address: Federal Trade Commission, Office of the Secretary, 600 Counsel grants that request.
VerDate Sep<11>2014 18:19 Jan 26, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\29JAN1.SGM 29JAN1](https://thefederalregister.org/doc/83_FR_4069/page/2.svg)
Document Created: 2018-01-27 00:58:01
Document Modified: 2018-01-27 00:58:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | February 28, 2018. | |
| Contact | Robert Jones, Federal Trade Commission, Bureau of Competition, Premerger Notification Office, 400 7th Street SW, Room #5301, Washington, DC 20024, Phone (202) 326-3100. | |
| FR Citation | 83 FR 4050 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR