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Merger Filing Fee Modernization Act of 2022

U.S. law of 29 December 2022 (Division GG of the Consolidated Appropriations Act, 2023) that rebuilt the premerger fee schedule.

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Dates
29 Dec 2022
Also known as
Merger Filing Fee Modernization Act

Introduced as H.R. 3843 by Representatives Neguse, Spartz, Cicilline, Buck, Nadler and Roy, passed by the House 242 to 184 on 29 September 2022, and enacted three months later as Division GG of the omnibus appropriations act.

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Timeline 2 dates
  1. 29 Dec 2022 Merger Filing Fee Modernization Act of 2022
  2. 29 Dec 2022 U.S. Congress signed into law Merger Filing Fee Modernization Act of 2022
Proof 4 sources
  1. Public Law 117-328, Division GG: Merger Filing Fee Modernization Act of 2022 (Consolidated Appropriations Act, 2023), U.S. Government Publishing Office, 29 Dec 2022. Primary record
    This division may be cited as the ‘‘Merger Filing Fee Modernization Act of 2022’’.
    ‘‘(6) $2,250,000 if the aggregate total amount determined under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2)) is not less than $5,000,000,000 (as so adjusted and published).’’
    Section 605 of Public Law 101–162 (15 U.S.C. 18a note) is amended—
  2. House Report 117-493, Part 1: Merger Filing Fee Modernization Act of 2022 (H.R. 3843), U.S. Government Publishing Office. Primary record
    H.R. 3843 updates the premerger notification filing fees for the first time since 2001.
    The updated fee structure would provide the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) with additional resources to review mergers and enforce the antitrust laws.
    Furthermore, the bill places no limits on how the antitrust enforcers must use new funds.
  3. Hart-Scott-Rodino Annual Report, Fiscal Year 2023 (FTC and Antitrust Division), U.S. Federal Trade Commission. Primary record Archived copy
    The first three tiers cover October through February and the last six tiers cover February through September.
    The FTC issued 26 Second Requests in FY 2023. In FY 2023, the Division issued 11 Second Requests.
  4. Public Law 101-162 (21 November 1989), 103 Stat. 988; section 605 on premerger filing fees is at 103 Stat. 1031, U.S. Government Publishing Office, 21 Nov 1989. Primary record
    For purposes of said Act, no notification shall be considered filed until payment of the fee required by this section.
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