Revised Jurisdictional Thresholds for Section 8 of the Clayton Act
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Abstract
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 $45,257,000 for Section 8(a)(1), and $4,525,700 for Section 8(a)(2)(A).
Full Text
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<title>Federal Register, Volume 88 Issue 13 (Friday, January 20, 2023)</title>
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[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Notices]
[Page 3742]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00996]
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FEDERAL TRADE COMMISSION
Revised Jurisdictional Thresholds for Section 8 of the Clayton
Act
AGENCY: Federal Trade Commission.
ACTION: Notice.
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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 $45,257,000 for Section 8(a)(1), and $4,525,700 for
Section 8(a)(2)(A).
DATES: January 20, 2023.
FOR FURTHER INFORMATION CONTACT: Christopher M. Grengs (202-326-2612),
Bureau of Competition, Office of Policy and Coordination.
Authority: 15 U.S.C. 19(a)(5).
April J. Tabor,
Secretary.
[FR Doc. 2023-00996 Filed 1-19-23; 8:45 am]
BILLING CODE 6750-01-P
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