HSR Filing Fees to Go Up Dramatically in 2024

Kelley Drye Client Advisory

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 toCurrent Filing Fee10/1/24 Filing Fee (Before CPI adj.)
$161,500,000$45,000 or $125,000$100,000
$1,000,000,000$125,000 or $280,000$400,000