3.0.0 659 2023-01-11T13:34:17Z 2023-01-11T13:34:17Z House HR 2017-01-24 115 [Congressional Record Volume 163, Number 13 (Tuesday, January 24, 2017)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. FARENTHOLD:H.R. 659.Congress has the power to enact this legislation pursuantto the following:Article I, Section 8, clauses 3 and 18 of the United StatesConstitution[Page H688]]]> hsju00 Judiciary Committee House Standing hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee Referred to 2017-02-08T21:38:57Z Reported by 2017-11-15T20:31:44Z Markup by 2017-04-05T18:46:36Z Referred to 2017-01-24T15:00:52Z H. Rept. 115-412 Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018 115 5645 HR 2018-05-10 Received in the Senate and Read twice and referred to the Committee on the Judiciary. Related bill CRS Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018 115 2847 S 2018-05-15 Read twice and referred to the Committee on the Judiciary. Related bill CRS 2017-11-15 Placed on the Union Calendar, Calendar No. 304. Calendars H12410 2 House floor actions U00304 2017-11-15 Reported by the Committee on Judiciary. H. Rept. 115-412. Committee H12200 2 House floor actions hsju00 Judiciary Committee 2017-11-15 Reported by the Committee on Judiciary. H. Rept. 115-412. Committee 5000 9 Library of Congress hsju00 Judiciary Committee 2017-04-05 hsju00 Judiciary Committee 1 House committee actions Ordered to be Reported by the Yeas and Nays: 16 - 10. Committee 2017-04-05 hsju00 Judiciary Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2017-02-08 hsju05 Administrative State, Regulatory Reform, and Antitrust Subcommittee 1 House committee actions Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law. Committee 2017-01-24 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2017-01-24 Introduced in House IntroReferral Intro-H 9 Library of Congress 2017-01-24 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 2017-01-24 True M001179 Rep. Marino, Tom [R-PA-10] Tom Marino R PA 10 2017-01-24 True B001275 Rep. Bucshon, Larry [R-IN-8] Larry Bucshon R IN 8 2017-01-24 True C001093 Rep. Collins, Doug [R-GA-9] Doug Collins R GA 9 2017-01-24 True M001189 Rep. Messer, Luke [R-IN-6] Luke Messer R IN 6 2017-01-24 True P000258 Rep. Peterson, Collin C. [D-MN-7] COLLIN PETERSON D MN C. 7 2017-04-05 False P000608 Rep. Peters, Scott H. [D-CA-52] Scott Peters D CA H. 52 2017-04-05 False 2017-05-02T19:31:00Z H.R. 659, Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017 https://www.cbo.gov/publication/52684 As ordered reported by the House Committee on the Judiciary on April 5, 2017 Commerce Competition and antitrust Corporate finance and management Federal district courts Jurisdiction and venue Securities Commerce 00 2017-01-24 Introduced in House 2018-02-05T14:56:02Z Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017

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 such 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 2017-11-15 Reported to House without amendment 2018-02-05T22:13:53Z (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 2017

(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 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 such Act, 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 the Act 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 2017 Display Title Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017 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 2017 Short Titles as Reported to House Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017 H House Reported in House 2017-11-15T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr659rh/xml/BILLS-115hr659rh.xml Introduced in House 2017-01-24T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115hr659ih/xml/BILLS-115hr659ih.xml 2017-11-15 Placed on the Union Calendar, Calendar No. 304. 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.