Merger Filing Fee Modernization Act of 2021
Bill: S.228 | Sponsor: Sen. Klobuchar, Amy (D-MN)
Policy area: Commerce

Summary:
Merger Filing Fee Modernization Act of 2021
This bill modifies and expands the schedule for graduated merger filing fees and requires that such fees be adjusted each year based on the Consumer Price Index.

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 Representatives 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--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``$45,000'' and inserting 
                        ``$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 inserting 
                        ``$100,000'';
                            (ii) by striking ``$100,000,000'' and 
                        inserting ``$161,500,000'';
                            (iii) by striking ``but less'' and 
                        inserting ``but is less''; and
                            (iv) by striking ``and'' at the end;
                    (C) in paragraph (3)--
                            (i) by striking ``$280,000'' and inserting 
                        ``$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 published);''; and
                    (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 September 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 determined by the Department of Labor or its successor, for 
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 January 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 increase 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 Commission.
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