FTC Updates 2026 Thresholds for Interlocking Directorates Under Clayton Act

USA: FTC Announces 2026 Jurisdictional Threshold Updates for Interlocking Directorates

Revised jurisdictional thresholds for interlocking directorates under Section 8 of the Clayton Act were approved by the Federal Trade Commission on January 14, 2026. The new limits—$54,402,000 for Section 8(a)(1) and $5,440,200 for Section 8(a)(2)(A)—will become effective once published in the Federal Register.

Background on Interlocking Directorates

Interlocking directorates occur when a person serves on the boards of two competing companies, potentially reducing competition. Section 8 of the Clayton Act prohibits such arrangements when the combined assets of the involved firms exceed the statutory thresholds.

Legislative Process and Vote

The FTC’s Bureau of Competition voted 2‑0 to adopt the revised thresholds, signaling bipartisan support within the agency. The notice announcing the changes will be entered into the Federal Register, at which point the thresholds become legally binding.

Implications for Corporations

Companies whose combined assets fall below the new limits may retain overlapping board members without triggering antitrust concerns, while larger firms will need to reassess board compositions to ensure compliance.

Access to Full Threshold Listings

A complete, up‑to‑date list of the thresholds is available on the FTC’s website and will be refreshed as the effective date approaches.

FTC’s Role in Competition Enforcement

The agency emphasizes that its mission is to promote competition and protect consumers, and it continues to monitor corporate structures that could hinder market fairness.

This report is based on information from Federal Trade Commission, licensed under Public Domain (U.S. Government Work). Source: Official U.S. Government release.