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Date
Rule
803.9
Staff
Nora Whitehead
Response/Comments

The correct threshold for determining reportability is the one in effect at the time of closing. The filing fee is determined by the value of the transaction at the time of filing.

Question

From: Whitehead, Nora <nwhitehead@ftc.gov>
Sent: Friday, January 26, 2024 11:17:40 AM (UTC-05:00) Eastern Time (US & Canada)
To: [Redacted]
Cc: HSRHelp <HSRHelp@ftc.gov>
Subject: RE: Filing Fee Question for Filing on or about January 30, 2024

The correct threshold for determining reportability is the one in effect at the time of closing. The filing fee is determined by the value of the transaction at the time of filing.

From: [Redacted]
Sent: Friday, January 26, 2024 9:30 AM
To: premerger <premerger@ftc.gov>
Cc: [Redacted]
Subject: Filing Fee Question for Filing on or about January 30, 2024

Dear PNO,

In light of the recently announced adjustments to the HSR jurisdictional thresholds and filing fee schedule, we would please like to confirm the filing fee we must pay for a filing expected to be submitted on Tuesday, January 30, 2024. Our current transaction value range is well above $5 billion. Thank you in advance for any guidance or confirmation you may be able to provide.

About Informal Interpretations

Informal interpretations provide guidance from previous staff interpretations on the applicability of the HSR rules to specific fact situations. You should not rely on them as a substitute for reading the Act and the Rules themselves. These materials do not, and are not intended to, constitute legal advice.

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