3.0.0 2745 2023-01-11T13:30:56Z 2023-01-11T13:30:56Z House HR 2015-06-12 114 [Congressional Record Volume 161, Number 94 (Friday, June 12, 2015)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. FARENTHOLD:H.R. 2745.Congress has the power to enact this legislation pursuantfollowing:Article I, Section 8, clause 3 of the United StatesConstitution, in that the legislation exercises legislativepower granted to Congress by that clause ``to regulateCommerce with foreign Nations, and among the several States,and with Indian tribes,'' Article I, Section 8, clause 18 ofthe United States Constitution, in that the legislationexercises legislative power granted to Congress by thatclause ``to make all Laws which shall be necessary and properfor carrying into Execution the foregoing Powers, and allother Powers vested by this Constitution in the Government ofthe United States, or in any Department or Officer thereof,''and, Article III of the United States Constitution, in thatthe legislation defines or affects powers of the Judiciarythat are subject to legislation by Congress.[Page H4344]]]> ssju00 Judiciary Committee Senate Standing Referred to 2016-04-04T20:27:49Z hsju00 Judiciary Committee House Standing hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee Discharged from 2015-09-29T13:08:51Z Referred to 2015-07-01T15:13:45Z Reported by 2016-03-14T16:32:18Z Markup by 2015-09-30T18:50:12Z Referred to 2015-06-12T13:00:27Z H. Rept. 114-449 Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 114 2102 S 2016-03-09 Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights. Hearings held. Identical bill CRS Providing for consideration of the bill (H.R. 2745) to amend the Clayton Act and the Federal Trade Commission Act to provide that the Federal Trade Commission shall exercise authority with respect to mergers only under the Clayton Act and only in the same procedural manner as the Attorney General exercises such authority, and providing for proceedings during the period from March 24, 2016, through April 11, 2016. 114 653 HRES 2016-03-22 Motion to reconsider laid on the table Agreed to without objection. 15:16:25 Procedurally-related House 2016-04-04 ssju00 Judiciary Committee Senate Received in the Senate and Read twice and referred to the Committee on the Judiciary. IntroReferral 2016-03-23 11:08:24 Motion to reconsider laid on the table Agreed to without objection. Floor H38310 2 House floor actions 2016-03-23 11:08:22 On passage Passed by recorded vote: 235 - 171 (Roll no. 137). (text: CR H1560-1561) Floor H37100 2 House floor actions 137 https://clerk.house.gov/evs/2016/roll137.xml House 114 2016-03-23T15:08:22Z 2 2016-03-23 11:08:22 Passed/agreed to in House: On passage Passed by recorded vote: 235 - 171 (Roll no. 137).(text: CR H1560-1561) Floor 8000 9 Library of Congress 137 https://clerk.house.gov/evs/2016/roll137.xml House 114 2016-03-23T15:08:22Z 2 2016-03-23 11:01:55 On motion to recommit with instructions Failed by the Yeas and Nays: 174 - 235 (Roll no. 136). (consideration: CR H1568) Floor H36110 2 House floor actions hsju00 Judiciary Committee 136 https://clerk.house.gov/evs/2016/roll136.xml House 114 2016-03-23T15:01:55Z 2 2016-03-23 10:40:00 The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1568) Floor H8A000 2 House floor actions 2016-03-23 10:32:27 DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit mergers that would increase the costs of pharmaceutical drugs. Floor H8D000 2 House floor actions 2016-03-23 10:32:08 Mr. Doggett moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H1567-1568; text: CR H1567) Floor H36100 2 House floor actions hsju00 Judiciary Committee 2016-03-23 10:31:12 The previous question was ordered pursuant to the rule. (consideration: CR H1567) Floor H35000 2 House floor actions 2016-03-23 09:42:37 DEBATE - The House proceeded with one hour of debate on H.R. 2745. Floor H8D000 2 House floor actions 2016-03-23 09:40:28 Rule provides for consideration of H.R. 2745 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. On any legislative day during the period from March 24, 2016, through April 11, 2016, the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the house adjourned to meet at a date and time, within the limits of clause 4, section 5, of article I of the Constitution, to be announced by the Chair in declaring the adjournment. Floor H8D000 2 House floor actions 2016-03-23 09:40:23 Considered under the provisions of rule H. Res. 653. (consideration: CR H1560-1569) Floor H30000 2 House floor actions 2016-03-22 15:16:24 Rule H. Res. 653 passed House. Floor H1L220 2 House floor actions 2016-03-21 18:58:10 Rules Committee Resolution H. Res. 653 Reported to House. Rule provides for consideration of H.R. 2745 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. On any legislative day during the period from March 24, 2016, through April 11, 2016, the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the house adjourned to meet at a date and time, within the limits of clause 4, section 5, of article I of the Constitution, to be announced by the Chair in declaring the adjournment. Floor H1L210 2 House floor actions 2016-03-14 Placed on the Union Calendar, Calendar No. 344. Calendars H12410 2 House floor actions U00344 2016-03-14 Reported by the Committee on Judiciary. H. Rept. 114-449. Committee H12200 2 House floor actions hsju00 Judiciary Committee 2016-03-14 Reported by the Committee on Judiciary. H. Rept. 114-449. Committee 5000 9 Library of Congress hsju00 Judiciary Committee 2015-09-30 hsju00 Judiciary Committee 1 House committee actions Ordered to be Reported by the Yeas and Nays: 18 - 10. Committee 2015-09-30 hsju00 Judiciary Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2015-09-29 hsju00 Judiciary Committee 1 House committee actions Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged. Committee 2015-07-01 hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee 1 House committee actions Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. Committee 2015-06-12 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2015-06-12 Introduced in House IntroReferral Intro-H 9 Library of Congress 2015-06-12 Introduced in House IntroReferral 1000 9 Library of Congress F000460 Rep. Farenthold, Blake [R-TX-27] Blake Farenthold R TX 27 N G000289 Rep. Goodlatte, Bob [R-VA-6] ROBERT GOODLATTE R VA W. 6 2015-06-12 True M001179 Rep. Marino, Tom [R-PA-10] Tom Marino R PA 10 2015-06-12 True C001093 Rep. Collins, Doug [R-GA-9] Doug Collins R GA 9 2015-06-18 False M001189 Rep. Messer, Luke [R-IN-6] Luke Messer R IN 6 2016-02-08 False B001275 Rep. Bucshon, Larry [R-IN-8] Larry Bucshon R IN 8 2016-02-23 False 2015-10-16T20:22:00Z H.R. 2745, Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 https://www.cbo.gov/publication/50898 As ordered reported by the House Committee on the Judiciary on September 30, 2015 Commerce Competition and antitrust Corporate finance and management Federal district courts Jurisdiction and venue Securities Commerce 00 2015-06-12 Introduced in House 2016-03-18T20:46:06Z Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

This bill amends the Clayton Act with respect to notice to a state by the Department of Justice (DOJ) about federal actions brought for violations of antitrust laws.

The Federal Trade Commission (FTC) shall exercise the same authority and procedures as DOJ under the Clayton Act if the FTC has brought an action under Section 7 of the same Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly.

The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from ordinary FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order.

U.S. district courts shall have jurisdiction to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that may result in an unfair method of competition.

]]> 79 2016-03-14 Reported to House without amendment 2018-01-31T16:28:17Z (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

(Sec. 2) This bill amends the Clayton Act with respect to notice to a state by the Department of Justice (DOJ) about federal actions brought for violations of antitrust laws. Currently DOJ must:

  • notify a state attorney general about an antitrust action regarding which DOJ has reason to believe that the state attorney general would also be entitled to bring an action based substantially on the same alleged violation of the antitrust laws; and
  • upon request make available to the state attorney general, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action.

The Federal Trade Commission (FTC) shall exercise the same authority and procedures as DOJ under the Clayton Act if the FTC has brought an action under Section 7 of the same Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly.

Also in cases brought by the FTC that result in final judgments against a defendant, those judgments shall be prima facie evidence of antitrust violations under substantially similar facts in actions brought by other parties.

The statute of limitations shall be tolled during a proceeding brought by the FTC under Section 7, and for one year thereafter, for any private and state rights of action based on the conduct in question during the proceeding.

The FTC shall enforce compliance with section 7 in the same manner as DOJ in acting to prevent or restrain antitrust violations. The FTC shall enforce a consent order, however, in the same manner it does already.

(Sec. 3) The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from ordinary FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order.

U.S. district courts shall have jurisdiction to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that may result in an unfair method of competition.

]]> 81 2016-03-23 Passed House without amendment 2018-01-31T16:29:43Z (This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

(Sec. 2) This bill amends the Clayton Act with respect to notice to a state by the Department of Justice (DOJ) about federal actions brought for violations of antitrust laws. Currently DOJ must:

  • notify a state attorney general about an antitrust action regarding which DOJ has reason to believe that the state attorney general would also be entitled to bring an action based substantially on the same alleged violation of the antitrust laws; and
  • upon request make available to the state attorney general, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action.

The Federal Trade Commission (FTC) shall exercise the same authority and procedures as DOJ under the Clayton Act if the FTC has brought an action under Section 7 of the same Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly.

Also in cases brought by the FTC that result in final judgments against a defendant, those judgments shall be prima facie evidence of antitrust violations under substantially similar facts in actions brought by other parties.

The statute of limitations shall be tolled during a proceeding brought by the FTC under Section 7, and for one year thereafter, for any private and state rights of action based on the conduct in question during the proceeding.

The FTC shall enforce compliance with section 7 in the same manner as DOJ in acting to prevent or restrain antitrust violations. The FTC shall enforce a consent order, however, in the same manner it does already.

(Sec. 3) The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from ordinary FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order.

U.S. district courts shall have jurisdiction to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that may result in an unfair method of competition.

]]> Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 Display Title Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 Official Title as Introduced To amend the Clayton Act and the Federal Trade Commission Act to provide that the Federal Trade Commission shall exercise authority with respect to mergers only under the Clayton Act and only in the same procedural manner as the Attorney General exercises such authority. Introduced in House IH Short Titles as Introduced Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 Referred in Senate 2016-04-04T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr2745rfs/xml/BILLS-114hr2745rfs.xml Engrossed in House 2016-03-23T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr2745eh/xml/BILLS-114hr2745eh.xml Reported in House 2016-03-14T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr2745rh/xml/BILLS-114hr2745rh.xml Introduced in House 2015-06-12T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr2745ih/xml/BILLS-114hr2745ih.xml 2016-04-04 Received in the Senate and Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.