[Federal Register Volume 59, Number 192 (Wednesday, October 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24610]


[[Page Unknown]]

[Federal Register: October 5, 1994]


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FEDERAL TRADE COMMISSION

 

Hart-Scott-Rodino Act Antitrust Improvements Act of 1976 and 
Regulations Thereunder; Notice Regarding an Increase in the Filing Fee

AGENCY: Federal Trade Commission.

ACTION: Notice.

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SUMMARY: On August 26, 1994, the President signed legislation into law 
mandating that a fee of $45,000 must be paid by each person acquiring 
voting securities or assets who is required to file a premerger 
notification by the Hart-Scott-Rodino Antitrust Improvement Act of 1976 
and the regulations promulgated thereunder. The newly enacted law 
amends Section 605 of Title VI of Pub. L. 101-162, which mandated the 
collection of a $25,000 filing fee.
    The new provision increasing the filing fee to $45,000 became 
effective upon the President's signature, late Friday, August 26, 1994. 
The Commission is collecting the new fee for filings made on or after 
Monday, August 29. The Commission has issued this Notice in order to 
advise the public about the increase in the filing fee.

EFFECTIVE DATE: The increased filing fee is due from acquiring persons 
submitting Premerger Notification and Report Forms on or after August 
29, 1994.

FOR FURTHER INFORMATION CONTACT:
Richard B. Smith, Attorney, Premerger Notification Office, Bureau of 
Competition (Sixth Street and Pennsylvania Avenue, NW., Room 301), 
Federal Trade Commission, Washington, D.C. 20580, 202-326-3100.

SUPPLEMENTARY INFORMATION: The United States Congress, in an Act making 
appropriations for the Departments of Commerce, Justice, and State, the 
Judiciary and Related Agencies,\1\ has mandated that a fee of $45,000 
must be paid by ``persons acquiring voting securities or assets who are 
required to file premerger notifications by the Hart-Scott-Rodino 
Antitrust Improvements Act of 1976 and the regulations promulgated 
thereunder.\2\ The new fee provision was signed into law by President 
Clinton late Friday, August 26, 1994, and took effect immediately.\3\ 
The increased fee must be paid for filings made on or after Monday, 
August 29, 1994.

    \1\The newly passed law (H.R. 4603, Pub. L. 103-317) amends 
Section 605 of Title VI of Public Law 101-162 (103 Stat. 1031), 
which originally mandated the collection of a filing fee beginning 
November 28, 1989, by striking ``$25,000'' and inserting in lieu 
thereof ``$45,000.''
    \2\Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by 
Section 201 of the Hart-Scott-Rodino Antitrust Improvements Act of 
1976. Pub. L. 95-435, 90 Stat. 1390.
    \3\Many other provisions of the legislation, relating to current 
appropriations for FY 95, are effective October 1, 1994. Although 
the fee increase provision is contained in the FY 95 current 
appropriations legislation, the increase itself is not a current 
appropriation for FY 95, nor is it made dependent upon the FY 95 
appropriation. Rather, the fee increase is permanent legislation 
amending a provision of law that has been in effect since 1989. The 
appropriations act contains no provision specifying an effective 
date for the fee increase provision, and it was therefore effective 
upon enactment. See GAO Office of the General Counsel, Principles of 
Federal Appropriations Law Sec. 2.B.4 (2d ed. 1991).

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. 94-24610 Filed 10-4-94; 8:45 am]
BILLING CODE 6750-01-M