I 
117TH CONGRESS 
1ST SESSION H. R. 3843 
To promote antitrust enforcement and protect competition through adjusting 
premerger filing fees, and increasing antitrust enforcement resources. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 11, 2021 
Mr. NEGUSE (for himself, Mrs. SPARTZ, Mr. CICILLINE, Mr. BUCK, Mr. NAD-
LER, and Mr. ROY) introduced the following bill; which was referred to 
the Committee on the Judiciary, and in addition to the Committee on En-
ergy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To promote antitrust enforcement and protect competition 
through adjusting premerger filing fees, and increasing 
antitrust enforcement resources. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Merger Filing Fee 
Modernization Act of 2021’’. 
SEC. 2. PREMERGER NOTIFICATION FILING FEES. 
Section 605 of Public Law 101–162 (15 U.S.C. 18a 
note) is amended— 
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(1) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘$45,000’’ and insert-
ing ‘‘$30,000’’; 
(ii) by striking ‘‘$100,000,000’’ and 
inserting ‘‘$161,500,000’’; 
(iii) by striking ‘‘2004’’ and inserting 
‘‘2022’’; and 
(iv) by striking ‘‘2003’’ and inserting 
‘‘2021’’; 
(B) in paragraph (2)— 
(i) by striking ‘‘$125,000’’ and insert-
ing ‘‘$100,000’’; 
(ii) by striking ‘‘$100,000,000’’ and 
inserting ‘‘$161,500,000’’; 
(iii) by striking ‘‘but less’’ and insert-
ing ‘‘but is less’’; and 
(iv) by striking ‘‘and’’ at the end; 
(C) in paragraph (3)— 
(i) by striking ‘‘$280,000’’ and insert-
ing ‘‘$250,000’’; and 
(ii) by striking the period at the end 
and 
inserting 
‘‘but 
is 
less 
than 
$1,000,000,000 (as so adjusted and pub-
lished);’’; and 
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(D) by adding at the end the following: 
‘‘(4) $400,000 if the aggregate total amount 
determined under section 7A(a)(2) of the Clayton 
Act (15 U.S.C. 18a(a)(2)) is not less than 
$1,000,000,000 (as so adjusted and published) but 
is less than $2,000,000,000 (as so adjusted and 
published); 
‘‘(5) $800,000 if the aggregate total amount 
determined under section 7A(a)(2) of the Clayton 
Act (15 U.S.C. 18a(a)(2)) is not less than 
$2,000,000,000 (as so adjusted and published) but 
is less than $5,000,000,000 (as so adjusted and 
published); and 
‘‘(6) $2,250,000 if the aggregate total amount 
determined under section 7A(a)(2) of the Clayton 
Act (15 U.S.C. 18a(a)(2)) is not less than 
$5,000,000,000 (as so adjusted and published).’’; 
and 
(2) by adding at the end the following: 
‘‘(c)(1) For each fiscal year commencing after Sep-
tember 30, 2022, the filing fees in this section shall be 
increased each year by an amount equal to the percentage 
increase, if any, in the Consumer Price Index, as deter-
mined by the Department of Labor or its successor, for 
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the year then ended over the level so established for the 
year ending September 30, 2021. 
‘‘(2) As soon as practicable, but not later than Janu-
ary 31 of each year, the Federal Trade Commission shall 
publish the adjusted amounts required by paragraph (1). 
‘‘(3) The Federal Trade Commission shall not adjust 
amounts required by paragraph (1) if the percentage in-
crease described in paragraph (1) is less than 1 percent. 
‘‘(4) An amount adjusted under this section shall be 
rounded to the nearest multiple of $5,000.’’. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for fiscal year 
2022— 
(1) $252,000,000 for the Antitrust Division of 
the Department of Justice; and 
(2) $418,000,000 for the Federal Trade Com-
mission. 
Æ 
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