FTC Approves Revised Jurisdictional Thresholds for Section 8 of the Clayton Act

Federal Trade Commission (FTC)

WASHINGTON, D.C. — The Federal Trade Commission (FTC) recenlty approved revised jurisdictional thresholds for Section 8 of the Clayton Act. This particular section of the Act prohibits interlocking directorates, which occur when a person serves as a director or officer of two competing corporations. The FTC’s recent decision adjusts the financial thresholds that trigger these prohibitions.

For 2024, the thresholds under Section 8 of the Act that activate prohibitions on certain interlocking memberships on corporate boards are $48,559,000 for Section 8(a)(l) and $4,855,900 for Section 8(a)(2)(A). These revised figures reflect the FTC’s commitment to adjusting regulatory thresholds in line with economic changes, ensuring the continued relevance and effectiveness of the law.

The implications of these revisions are multifaceted. For corporations, the adjusted thresholds could potentially affect the composition of their boards, especially if they have directors who serve on the boards of rival firms. The updated thresholds may require some companies to reassess their current board structures and make necessary changes to ensure compliance with the law.

For investors and shareholders, the enforcement of these thresholds offers an additional layer of assurance that potential conflicts of interest within corporate boards are minimized. By discouraging interlocking directorates, the Clayton Act helps promote fair competition, which can ultimately lead to better corporate performance and shareholder returns.

The revised thresholds for Section 8 of the Clayton Act will become effective upon their publication in the Federal Register. The FTC maintains a complete listing of current thresholds on its website, which will be updated closer to the time the new thresholds become effective.

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