2302003 Informal Interpretation

us-ftc-hsr-informal-interpretations-56dd842d7cbb536328a14f03f1b40a632302003 Informal InterpretationGuidance

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?

Sheinberg, Samuel I.
From: 	HSRHelp
Sent: 	Monday, February 6, 2023 9:07 AM
To: 	Walsh, Kathryn E.; Berg, Karen E.; Musick, Vesselina; Shaffer, Kristin; Sheinberg, Samuel I.; Six, Anne;
Fetterman, Michelle
Subject: 	FW: Start of new filing fee structure
To:
Cc: HSRHelp <HSRHelp@ftc.gov>
From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Monday, February 6, 2023 9:06:51 AM (UTC-05:00) Eastern Time (US & Canada)
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: HSRHelp <HSRHelp@ftc.gov>
Sent: Sunday, February 5, 2023 3:40 PM
To: Walsh, Kathryn E. <kwalsh@ftc.gov>; Berg, Karen E. <KBERG@ftc.gov>; Musick, Vesselina <vmusick@ftc.gov>;
Shaffer, Kristin <kshaffer@ftc.gov>; Sheinberg, Samuel I. <SSHEINBERG@ftc.gov>; Six, Anne <asix@ftc.gov>; Whitehead,
Nora <nwhitehead@ftc.gov>; Fetterman, Michelle <mfetterman@ftc.gov>
Subject: FW: Start of new filing fee structure
From:
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?
Thanks,
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