[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1526 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1526

   To prohibit excessive concentration resulting from mergers among 
certain purchasers, processors, and sellers of livestock, poultry, and 
  basic agricultural commodities; to require the Attorney General to 
 establish an Office of Special Counsel for Agriculture, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2001

  Mr. Thune (for himself and Mr. Hill) introduced the following bill; 
 which was referred to the Committee on the Judiciary, and in addition 
   to the Committee on Agriculture, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To prohibit excessive concentration resulting from mergers among 
certain purchasers, processors, and sellers of livestock, poultry, and 
  basic agricultural commodities; to require the Attorney General to 
 establish an Office of Special Counsel for Agriculture, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Agriculture Competition Enhancement 
Act of 2001''.

SEC. 2. LIMITATION ON MERGERS.

    It shall be unlawful for a person in the business of purchasing 
livestock, poultry, or a basic agricultural commodity for wholesale 
resale either unprocessed or processed, to acquire directly or 
indirectly the voting securities or assets of any person if--
            (1) the total amount of--
                    (A) voting securities, or assets relating to the 
                purchasing, processing, or selling of livestock, 
                poultry, or a basic agricultural commodity; or
                    (B) annual net sales of such livestock, poultry, or 
                basic agricultural commodity;
        of each person exceeds $1,000,000,000; and
            (2) the acquisition of such voting securities or such 
        assets by the acquiring person would reduce competition so as 
        to have a negative effect on prices paid to producers of any 
        livestock, poultry, or basic agricultural commodities.

SEC. 3. PREMERGER NOTICE REQUIREMENT.

    (a) Notice.--Whenever a person in the business of purchasing 
livestock, poultry, or a basic agricultural commodity for wholesale 
resale either unprocessed or processed, files a notification under 
section 7A of the Clayton Act (15 U.S.C. 18a), such person shall file 
simultaneously with the Secretary a notice in accordance with rules 
issued by the Secretary, that such person has filed such notification.
    (b) Public Comments.--The Secretary shall--
            (1) publish promptly in the Federal Register a copy of each 
        notice received under subsection (a),
            (2) accept public comments on the proposed merger described 
        in such notice, and
            (3) consider as part of the review required by subsection 
        (c), such comments timely received.
    (c) Review.--Not later than 30 days after receiving a notice filed 
under subsection (a), the Secretary shall--
            (1) review the proposed acquisition described in such 
        notice;
            (2) determine--
                    (A) the probable effects such acquisition would 
                have on the prices paid to producers of any livestock, 
                poultry, or basic agricultural commodities who sell to, 
                buy from, or bargain with 1 or more of the persons 
                involved in the proposed acquisition; and
                    (B) whether such acquisition would--
                            (i) result in significantly increased 
                        market power for any of such persons; and
                            (ii) increase the potential for 
                        anticompetitive or predatory pricing conduct by 
                        any of such persons;
            (3) prepare a report containing--
                    (A) the detailed findings made by the Secretary as 
                a result of such review and such determination; and
                    (B) an economic analysis of the Secretary regarding 
                whether such acquisition may substantially lessen 
                competition or tend to create a monopoly; and
            (4) transmit to the Office of Special Counsel for 
        Agriculture, and shall publish in the Federal Register, 
        simultaneously, a copy of such report.

SEC. 4. ENFORCEMENT PROVISIONS.

    Sections 4B, 4C, 4E, 4F, 4G, 4H, 12, 13, 15, and 16 of the Clayton 
Act (15 U.S.C. 15b, 15c, 15e, 15f, 15g, 15h, 22, 23, 25, 26a) shall 
apply with respect to a violation of section 2 in the same manner as 
such sections apply with respect to a violation of the antitrust laws.

SEC. 5. SPECIAL COUNSEL FOR AGRICULTURE.

    (a) Establishment of Office.--The Attorney General shall establish 
in the Department of Justice an Office of Special Counsel for 
Agriculture that shall handle agricultural antitrust issues and related 
matters, as determined by the Attorney General.
    (b) Appointment.--The Special Counsel for Agriculture may be 
appointed by the Attorney General only after the expiration of the 30-
day period beginning on the date the Attorney General publishes in the 
Federal Register the name of the individual proposed to be appointed 
and requests public comment with respect to the appointment of such 
individual.

SEC. 6. GAO STUDY.

    (a) In General.--The Comptroller General shall conduct a study and 
make findings and recommendations with respect to--
            (1) whether the Grain Inspection, Packers and Stockyard 
        Administration needs additional resources in order to expand 
        its capability to monitor and investigate the competitive 
        implications of structural changes and practices in the meat 
        packing industry; and
            (2) whether there are disparities in the Grain Inspection, 
        Packers and Stockyard Administration's administrative authority 
        with regard to the poultry, beef, and pork industries.
    (b) Report.--The Comptroller General shall submit a report to 
Congress on the study, findings, and recommendations required by 
subsection (a) not later than 1 year after the date of enactment of 
this Act.

SEC. 7. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``antitrust laws'' has the meaning given such 
        term in subsection (a) of the 1st section of the Clayton Act 
        (15 U.S.C. 12(a)),
            (2) the term ``basic agricultural commodity'' means corn, 
        wheat, or soybeans,
            (3) the term ``livestock'' means cattle, sheep, goats, 
        swine, or equine animals used for food or in the production of 
        food,
            (4) the term ``person'' has the meaning given such term in 
        subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 
        12(a)),
            (5) the term ``poultry'' means chickens, turkeys, ducks, 
        geese, or other domestic fowl used for food or in the 
        production of food, and
            (6) the term ``Secretary'' means the Secretary of 
        Agriculture.
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