DealLawyers.com Blog

May 20, 2021

Antitrust: Bi-Partisan Legislation Would Change HSR Fee Structure

This Wachtell Lipton memo says that bipartisan legislation working its way through the Senate would, if enacted, revamp the HSR filing fee structure, and impose significantly greater fees on most transactions over $500 million.  Here’s an excerpt that breaks down the proposed fee changes:

Size of Transaction Current Filing Fee Proposed Filing Fee
$92 mm to $161.5 mm $45,000 $30,000
$161.5 mm to $500 mm $45,000 or $125,000 $100,000
$500 mm to $1 bn $125,000 or $280,000 $250,000
$1 bn to $2 bn $280,000 $400,000
$2 bn to $5 bn $280,000 $800,000
$5 bn or greater $280,000 $2,250,000

This Akin Gump blog has more details on the legislation, which advanced through the Senate Judiciary Committee on May 13th.

John Jenkins