[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1937 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1937
To promote merger enforcement and protect competition through adjusting
premerger filing fees, and increasing antitrust enforcement resources.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 20, 2019
Ms. Klobuchar (for herself and Mr. Grassley) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To promote merger 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 2019''.
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
``2020''; and
(iv) by striking ``2003'' and inserting
``2019'';
(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, 2020,
the filing fees in this section shall be increased as of October 1 each
year by an amount equal to the percentage increase, if any, in the
Producer Price Index, as determined by the Department of Commerce or
its successor, for the year then ended over the level so established
for the year ending September 30, 2019.
``(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 this section.
``(3) The Federal Trade Commission shall not adjust amounts
required by this section 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 2020--
(1) $180,606,000 for the Antitrust Division of the
Department of Justice; and
(2) $342,000,000 for the Federal Trade Commission.
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