U.S. filing fees for large merger deals are expected to skyrocket — by as much as 700% in some cases this year — thanks to provisions of the omnibus spending package passed by Congress in late December.
The new fees, which have not yet gone into effect, are intended to raise additional revenue for U.S. antitrust enforcement efforts at the Federal Trade Commission and U.S. Department of Justice. Companies, including those in healthcare, will need to prepare for increased regulatory scrutiny of M&A deals.
“This is a big infusion of capital that can fund the Biden administration’s aggressive antitrust agenda,” Michael Sibarium, an antitrust partner at Pillsbury Winthrop Shaw Pittman, said in an interview with Healthcare Dive.
The coming hikes will likely trigger sticker shock at affected companies in the beginning but aren’t likely to prevent deals from happening, antitrust lawyers said. “It ultimately becomes a cost of doing business,” said James Fishkin, an antitrust partner at Dechert. Read more.
