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Date
Rule
803.9
Staff
Nora Whitehead
Response/Comments

If you determine that a transaction is reportable, the filing fee should be based on the filing fee threshold that is in effect at the time of filing.

Question

From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Monday, February 6, 2023 9:06:51 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Start of new filing fee structure

If you determine that a transaction is reportable, the filing fee should be based on the filing fee threshold that is in effect at the time of filing.

From: [Redacted]
Sent: Sunday, February 5, 2023 3:39:42 PM (UTC-05:00) Eastern Time (US & Canada)
To: HSRHelp <HSRHelp@ftc.gov>
Subject: Start of new filing fee structure

Hi guys, I am sure you all are getting this question from a number of folks but as I’m still uncertain of the answer, I need to ask.

The press release notes that the new structure applies to transactions that close on or after 30 days after Fed Reg publication (2/27). However, up until that point, are the old rules still in place? So that if we file 2/25 and the closing will for sure occur after 2/27, we still are forced to rely upon the existing fee structure?

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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