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 |
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
