Clifford Chance

President Biden Signs Omnibus Spending Bill Containing Trio of Antitrust Bills

December 30, 2022

On December 29, 2022, President Biden signed the Consolidated Appropriations Act of 2023 (the "Act"), which contains a trio of previously introduced antitrust proposals: the Merger Filing Fee Modernization Act, the State Antitrust Enforcement Venue Act, and the Foreign Merger Subsidy Disclosure Act. The passage of the Act makes substantial changes for parties filing notifications required by the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended ("HSR Act") and for federal antitrust cases brought by state attorneys general. While these changes are significant, they are not as sweeping as other legislation proposed this term, such as the American Innovation and Choice Online Act and the Open App Markets Act.

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