New HSR thresholds and filing fees for 2024
New HSR thresholds and filing fees for 2024The 2023 Consolidated Appropriations Act created new filing fee tiers with new filing fees and the thresholds for these filing fees, as well as the fee amounts, are also adjusted annually along with the jurisdictional thresholds.
New HSR thresholds and filing fees for 2024
- The 2023 Consolidated Appropriations Act created new filing fee tiers with new filing fees and the thresholds for these filing fees, as well as the fee amounts, are also adjusted annually along with the jurisdictional thresholds.
- The Commission recently announced the updated jurisdictional thresholds and the updated fee schedule, both of which will become effective on March 6, 2024.
Rule 1: The correct threshold for determining reportability is the one in effect at the time of closing.
- This is often referred to as the “$50 million (as adjusted)” threshold because it started at $50 million and is now adjusted annually.
- For 2024, that threshold will be $119.5 million.
- Here are the new jurisdictional thresholds, effective on March 6, 2024: ORIGINAL THRESHOLD ADJUSTED THRESHOLD $10 million $23.9 million $50 million $119.5 million $100 million $239 million $110 million $262.9 million $200 million $478 million $500 million $1.195 billion $1 billion $2.390 billion
Rule 2: The filing fee is determined by the value of the transaction at the time of filing.
- 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.
- Here are the new filing fee thresholds, as well as the adjusted fee amounts, revised in accordance with the 2023 Consolidated Appropriations Act and effective on March 6, 2024: FILING FEE SIZE OF TRANSACTION $30,000 less than $173.3 million $105,000 not less than $173.3 million but less than $536.5 million $260,000 not less than $536.5 million but less than $1.073 billion $415,000 not less than $1.073 billion but less than $2.146 billion $830,000 not less than $2.146 billion but less than $5.365 billion $2,335,000 $5.365 billion or more