New Legislation Affects Antitrust Venue and Foreign Subsidy Disclosures

Perkins Coie – President Biden signed into law H.R. 2617, the Consolidated Appropriations Act, 2023 on December 29, 2022. This new legislation includes the Merger Filing Fee Modernization Act of 2022 (MFFMA), which amends the amounts and tiers for Hart-Scott-Rodino Antitrust Improvements Act of 1976  filing fees. However, it also includes two important amendments to antitrust laws. First, the MFFMA expands the exemption to avoid the consolidation of federal antitrust cases brought by states into one federal court by the Judicial Panel on Multidistrict Litigation. Second, the law establishes a foreign subsidy disclosure requirement for notifications required to be filed with the Antitrust Division of the Department of Justice and the Federal Trade Commission. 

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