On 23 December 2022, the Merger Filing Fee Modernization Act of 2022 was adopted through its incorporation in the Consolidated Appropriations Act 2023 (HR 2617) by the House of Representatives. In particular, the Act changes the merger filing fees that entities have to pay to the Federal Trade Commission (FTC) for the review of the proposed acquisition. Starting with the fiscal year commencing after 30 September 2023, the fees will be increased for transactions of over USD 1 billion and will be calculated yearly and adjusted according to the Consumer Price Index. The Act requires larger merger and acquisition requests to be sent to the FTC and the Department of Justice (DOJ) for approval.
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