December 21, 2022

HSR Filing Fees to Go Up Dramatically in 2024

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The Consolidated Appropriations Act of 2023 could have some surprises in store for parties that do deals. If passed, it would decrease the filing fee for small deals by a third. But it would also increase the fees for the largest deals by almost eight-fold. Today, the largest fee is $280,000. If passed, the largest fee is $2,250,000. Congress has also included a CPI adjuster starting in September 2023, which would increase the 2024 fees by the calculated inflation rate. The new fees would not take effect until October 1, 2024. If they do, 2024 will close with a happy holiday season for the antitrust agencies.

The new fees are as follows:

Greater Than or Equal to	Current Filing Fee	10/1/24 Filing Fee (Before CPI adj.)
$101,000,001	$45,000	$30,000
$161,500,000	$45,000 or $125,000	$100,000
$500,000,000	$125,000	$250,000
$1,000,000,000	$125,000 or $280,000	$400,000
$2,000,000,000	$280,000	$800,000
$5,000,000,000	$280,000	$2,250,000

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.