[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
