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The Tech Oversight Project Applauds Senate Appropriators on Merger Filing Fee Fix


Jul 25, 2024

Read the FY25 Senate Commerce, Justice, and Science Appropriations Bill Summary here

WASHINGTON, DC — Today, The Tech Oversight Project applauded the Senate Appropriations Committee for proposing robust funding increases for the Department of Justice (DOJ) Antitrust Division and for restoring the division’s full access to pre-merger filing fees (also known as HSR fees) that are collected in the merger review process.

In 2022, the Biden Administration signed into law the bipartisan Merger Filing Fee Modernization Act to increase the DOJ Antitrust Division’s budget and help it keep up with the increasing volume and complexity of mergers and hold corporations accountable for unlawful, anti-competitive conduct. The measure is a key accomplishment for the Biden Competition Agenda and its efforts to hold Big Tech companies accountable.

The FY2025 Commerce, Justice, and Science Appropriations bill would increase funding by guaranteeing at least $288 million in funding for the DOJ’s Antitrust Division—a record level that is $55 million, or nearly 25%, above fiscal year 2024. Notably, the bill also includes language allowing the Antitrust Division to retain and use all of the pre-merger filing notification fees it collects in fiscal year 2025—even if those collections exceed the $288 million appropriation for the agency.

“From lowering prices to fighting anticompetitive mergers, the Department of Justice Antitrust Division plays a critical role in protecting middle-class families. The Senate’s appropriations proposal recognizes that role and provides the Division with the tools and resources it needs to get the job done,” said Sacha Haworth, Executive Director of the Tech Oversight Project. “The Antitrust Division has earned plaudits from Democrats and Republicans alike for taking on companies like Google and Apple that have been manipulating the digital market to raise prices and bend the economy to their will – at the expense of the American people. We applaud Senator Patty Murray, Senator Jeanne Shaheen, and their colleagues for restoring the Division’s full access to pre-merger filing fees, and we look forward to working with them to make sure these provisions are  maintained in the final package.”

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