The Department of Justice’s Antitrust Division is set to receive a 5% increase in funding following Congress’s decision to lift the cap on merger filing fees. This adjustment is part of the broader Merger Filing Fee Modernization Act, which aims to recalibrate the fee structure associated with the Hart-Scott-Rodino (HSR) Act, thereby enhancing the resources available for antitrust enforcement.
Under the revised fee structure, transactions valued at over $5 billion will see filing fees rise from $280,000 to $2.25 million. Conversely, fees for smaller transactions will decrease, with deals under $161.5 million now incurring a fee of $30,000, down from the previous $45,000. These changes are projected to generate an additional $1.4 billion over the next five years, significantly bolstering the budgets of both the Federal Trade Commission (FTC) and the DOJ’s Antitrust Division. ([morganlewis.com](https://www.morganlewis.com/pubs/2023/01/new-legislation-dramatically-increases-funding-to-us-antitrust-agencies-over-five-years-ensuring-aggressive-enforcement?utm_source=openai))
Despite these anticipated increases, the actual allocation of funds has been a point of contention. In fiscal year 2022, the Antitrust Division collected excess merger fees for the first time. However, subsequent appropriations language has diverted these additional fees away from the division, limiting their use for antitrust enforcement activities. This move has drawn criticism from lawmakers who argue that it contradicts the intent of the 2022 amendment and undermines the division’s capacity to effectively enforce antitrust laws. ([murphy.senate.gov](https://www.murphy.senate.gov/newsroom/press-releases/murphy-blumenthal-colleagues-call-for-restoration-of-antitrust-division-funding-in-appropriations-bill?utm_source=openai))
In response to these funding challenges, Senate Democrats have proposed a $55 million boost for the DOJ’s Antitrust Division in the fiscal 2025 appropriations bill. This proposal aims to provide the division with a total of $288 million, reflecting a nearly 25% increase from the previous fiscal year. Notably, this plan does not impose caps on merger fees, aligning with the original intent of the Merger Filing Fee Modernization Act to ensure that antitrust enforcers have the necessary resources to address increasingly complex and resource-intensive cases. ([news.bloomberglaw.com](https://news.bloomberglaw.com/antitrust/senate-democrats-propose-55-million-boost-to-doj-antitrust-unit?utm_source=openai))
The recalibration of merger filing fees and the subsequent budgetary adjustments underscore a concerted effort to strengthen antitrust enforcement in the United States. By aligning resources with the scale and complexity of modern mergers and acquisitions, these measures aim to enhance the DOJ’s capacity to maintain competitive markets and protect consumer interests.