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ARTICLE · 06 JANUARY 2023

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2023 Hart-Scott-Rodino Update: New Antitrust Premerger Fees And Reporting Requirements

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President Biden recently signed the Merger Filing Fee Modernization Act of 2022 (the HSR Fee Modernization Act) into law, which amends—for the first time in over 20 years—the filing fees...

CanadaAntitrust/Competition Law
Christopher Caparelli
Christopher Caparelli
Joseph Romagnoli
Joseph Romagnoli
Jennifer Fong
Jennifer Fong
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President Biden recently signed the Merger Filing Fee Modernization Act of 2022 (the HSR Fee Modernization Act) into law, which amends—for the first time in over 20 years—the filing fees payable when notifying a merger or acquisition subject to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act). The law also imposes reporting requirements of subsidies received from certain foreign entities that are "strategic or economic threats to the United States."

What you need to know

  • The HSR Act is an antitrust statute that authorizes the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) to evaluate potential anticompetitive effects of certain merger and acquisition transactions.

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