Is there a filing fee?

Merger Control (3rd edition)

Austria Small Flag Austria

The latest amendment also increased the filing fee with the BWB from EUR 1,500.00 to EUR 3,500.00 with immediate effect regardless of the size of the transaction or the turnover of the parties to the concentration. In the notification, the payment has to be proven.

In case proceedings before the Cartel Court are initiated, an additional so-called framework fee (Rahmengebühr) has to be paid; the fee currently amounts to up to EUR 34,000.00.

Chile Small Flag Chile

The Chilean system does not provide for filing fees.

Turkey Small Flag Turkey

There is no filing fee required under Turkish merger control regime.

Denmark Small Flag Denmark

The filing fee for the simplified procedure is DKK 50,000.

The filing fee for a standard filing is 0.015 % of the parties’ combined turnover but will in no case exceed DKK 1.5 million.

A standard filling will have to be paid if the DCCA require a full-form notification, also if it would otherwise qualify for a simplified procedure.

Ireland Small Flag Ireland

A filing fee of €8,000 applies in respect of each notification made to the CCPC, irrespective of the size of the transaction or of turnover of the notifying parties. The filing fee must be paid electronically at the time of notification.

Cyprus Small Flag Cyprus

Filing fees are fixed by the Law at €1,000. Where a concentration becomes subject to a full investigation (Phase II), the undertakings concerned are bound to pay a fee of €6,000 to the CPC.

Italy Small Flag Italy

As of 2013, there is no filing fee to be paid to the ICA in connection with a merger control filing.

Norway Small Flag Norway

No.

Philippines Small Flag Philippines

PCC Memorandum Circular No. 16-003 issued in December 2016 provides a two-phased payment scheme: a) PhP250,000.00 upon submission of the notification form, and b) 1% of 1% of the value of the transaction but not less than PhP1,000,000.00 or more than PhP5,000,000.00, once the application proceeds to a Phase 2 review. The Phase 2 review fees are based on the same values considered in determining the Two Billion Peso (PhP2,000,000,000.00) threshold for purposes of the compulsory notification requirement.

Russia Small Flag Russia

The filing fee is RUB 35,000.

France Small Flag France

There is no filing fee required.

South Africa Small Flag South Africa

As at 1 October 2017, the filing fee payable in respect of an intermediate merger is
ZAR 150,000 and the filing fee payable in respect of a large merger is ZAR 500,000. There are no filing fees payable for small mergers.

The Act does not stipulate which party is responsible for payment of the fees – this is generally a matter for commercial negotiation between the parties.

United States Small Flag United States

Parties that are required to report transactions under the HSR Act must pay a filing fee. The acquiring person is responsible for the payment of a filing fee, which varies depending on the value of the transaction, unless the parties agree between themselves to shift or split the fee. The various size-of-transaction monetary thresholds dictate the amount of the filing fee for a particular transaction. As of February 2018, the filing fees are the following:

Size of Transaction

Filing Fee Amount

Greater than US$84.4 million, but less than US$168.8
million

US$45,000

US$168.8 million or greater, but less than US$843.9 million

US$125,000

US$843.9 million or greater

US$280,000

The fee is paid to the FTC and must be submitted in U.S. currency. The filing fee is typically sent via wire transfer and must be net of any service, transfer, or wiring fees charged by a bank or financial institution.

Switzerland Small Flag Switzerland

For the preliminary examination (phase I, initial review), the Secretariat will basically charge a flat-rate fee of 5’000.- Swiss francs instead of a "pro rata temporis" fee.

For the extended review (phase II), the costs are calculated on a "pro rata temporis" basis, with an hourly rate of 100.- to 400.- Swiss francs. The hourly rate depends on the urgency of the case and the function level of the staff involved.

Germany Small Flag Germany

Yes, there is a filing fee. The amount depends on expense and effort of the FCO. For standard merger proceedings, the fine may amount to a maximum of EUR 50.000 (EUR 100.000 under exceptional circumstances) but is usually between EUR 5000 and 15.000. The actual amount depends in particular on the amount of work linked to the review of the transaction, the size of the companies and the importance of the transaction.

Greece Small Flag Greece

The notification forms (either full or short) must be accompanied under penalty of inadmissibility by a fiscal fee amounting to one thousand one hundred (€1,100) Euros.

Peru Small Flag Peru

The filling fee is the 0.1% of the concentration operation’s value, up to a limit of 50 UIT (approx. USS 70,000).

Portugal Small Flag Portugal

Payment of the filing fee is required for the notification to be considered effective.

The fees vary according to the aggregate turnover in Portugal of the undertakings concerned as follows:

  • €7,500 for a turnover up to €150 million
  • €15,000 for a turnover between €150 million to €300 million
  • €25,000 for a turnover above €300million

There is an additional fee in the event that Phase II (in-depth investigation) is initiated, corresponding to 50% of the initial fee.

Filing fees double when the PCA initiates ex officio proceedings for failure to notify; or if the PCA concludes that a clearance decision was issued based on false or incorrect information provided by the parties.

Japan Small Flag Japan

There is no filing fee.

United Kingdom Small Flag United Kingdom

Subject to some limited exceptions, the notification of any qualifying merger is subject to a filing fee irrespective of whether a second-phase investigation is opened. The CMA will also require payment of a filing fee where it carries out an 'own initiative' investigation into a transaction that has not been notified, unless it concludes that it does not have jurisdiction to review the transaction. Fees vary according to the value of the UK turnover of the acquired enterprise:

  • £40,000, where the UK turnover of the target is £20 million or less;
  • £80,000, if the target's UK turnover is over £20 million but not over £70 million;
  • £120,000, where the UK turnover of the target exceeds £70 million; and
  • £160,000, where the UK turnover of the target exceeds £120 million.

The fee is payable when the CMA (or, if applicable, the Secretary of State) publishes its first-phase decision.

For mergers that are not notified to the CMA (i.e. where the CMA has commenced a review on its own initiative), no fee is payable if the transaction involves the acquisition of a material interest which falls short of a 'controlling interest' (see section 5 above).

EU Small Flag EU

No.

Israel Small Flag Israel

At the moment, there is no filing fee for merger notifications, though according to the Israeli Antitrust Law, the Minister of Economy and the Minister of Finance may set a filing fee.

China Small Flag China

No filing fee is charged.

Updated: October 25, 2018