FTC Increases Clayton Act Reporting Threshold

The Federal Trade Commission announced that it has increased the threshold for reporting proposed mergers and acquisitions subject to enforcement under Section 7A of the Clayton Act to $75.9 million.  The new thresholds will take effect 30 days after they are officially published in the Federal Register.  In November, the FTC approved a $1.2 billion merger agreement between OfficeMax Inc. and Office Depot Inc.  This decision came 16 years after the FTC successfully challenged a similar deal between Staples Inc. and Office Depot.  The FTC attributes the difference in the outcome to the office supply market becoming much broader now than it was 16 years ago.  On the other hand, in June 2013, the FTC successfully unwound a $76 million transaction through which Polypore International Inc. had purchased Microporous Products LP because, according to the FTC, the deal substantially reduced competition in the market for battery separators.

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