Federal Trade Commission January 13, 2009 – Federal Register Recent Federal Regulation Documents

Revised Jurisdictional Thresholds for Section 8 of the Clayton Act
Document Number: E9-418
Type: Notice
Date: 2009-01-13
Agency: Federal Trade Commission, Agencies and Commissions
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 $26,161,000 for Section 8(a)(1), and $2,616,100 for Section 8(a)(2)(A).
Revised Jurisdictional Thresholds for Section 7A of the Clayton Act
Document Number: E9-411
Type: Notice
Date: 2009-01-13
Agency: Federal Trade Commission, Agencies and Commissions
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. Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, Pub. L. 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). The new thresholds, which take effect 30 days after publication in the Federal Register, are as follows:
Rules of Practice
Document Number: E9-296
Type: Rule
Date: 2009-01-13
Agency: Federal Trade Commission, Agencies and Commissions
The FTC is amending Parts 3 and 4 of its Rules of Practice, 16 CFR Parts 3 and 4, in order to further expedite its adjudicative proceedings, improve the quality of adjudicative decision making, and clarify the respective roles of the Administrative Law Judge (``ALJ'') and the Commission in Part 3 proceedings.
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