PUBLIC LAW 106-553—APPENDIX B 114 STAT. 2762A-109
"(a) Except as exempted pursuant to subsection (c), no person
shall acquire, directly or indirectly, any voting securities or assets
of any other person, unless both persons (or in the case of a
tender offer, the acquiring person) file notification pursuant to
rules under subsection (d)(1) and the waiting period described in
subsection (b)(1) has expired, if—
"(1) the acquiring person, or the person whose voting securities or assets are being acquired, is engaged in commerce
or in any activity affecting commerce; and
"(2) as a result of such acquisition, the acquiring person
would hold an aggregate total amount of the voting securities
and assets of the acquired person—
"(A) in excess of $200,000,000 (as adjusted and published for each fiscal year beginning after September 30,
2004, in the same manner as provided in section 8(a)(5)
to reflect the percentage change in the gross national product for such fiscal year compared to the gross national
product for the year ending September 30, 2003); or
"(B)(i) in excess of $50,000,000 (as so adjusted and
published) but not in excess of $200,000,000 (as so adjusted
and published); and
"(ii)(I) any voting securities or assets of a person
engaged in manufacturing which has annual net sales or
total assets of $10,000,000 (as so adjusted and published)
or more are being acquired by any person which has total
assets or annual net sales of $100,000,000 (as so adjusted
and published) or more;
"(II) any voting securities or assets of a person not
engaged in manufacturing which has total assets of
$10,000,000 (as so adjusted and published) or more are
being acquired by any person which has total assets or
annual net sales of $100,000,000 (as so adjusted and published) or more; or
"(III) any voting securities or assets of a person with
annual net sales or total assets of $100,000,000 (as so
adjusted and published) or more are being acquired by
any person with total assets or annual net sales of
$10,000,000 (as so adjusted and published) or more.
In the case of a tender offer, the person whose voting securities
are sought to be acquired by a person required to file notification
under this subsection shall file notification pursuant to rules under
subsection (d).".
(b) Section 605 of title VI of Public Law 101-162 (15 U.S.C.
18a note) is amended—
(1) by inserting "(a)" after "SEC. 605.",
(2) in the 1st sentence—
(A) by striking "at $45,000" and inserting "in subsection (b)", and
(B) by striking "Hart-Scott-Rodino Antitrust Improvements Act of 1976" and inserting "section 7A of the Clayton
Act", and
(3) by adding at the end the following:
"(b) The filing fees referred to in subsection (a) are—
"(1) $45,000 if the aggregate total amount determined
under section 7A(a)(2) of the Clayton Act (15 U.S.C. 18a(a)(2))
is less than $100,000,000 (as adjusted and published for each
fiscal year beginning after September 30, 2004, in the same
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