[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5402 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5402

   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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2014

Mr. Farenthold introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   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.

    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 ``Standard Merger and Acquisition 
Reviews Through Equal Rules Act of 2014''.

SEC. 2. AMENDMENTS TO THE CLAYTON ACT.

    The Clayton Act (15 U.S.C. 12 et seq.) is amended--
            (1) in section 4F--
                    (A) in the heading by inserting ``or the federal 
                trade commission'' after ``united states'',
                    (B) in subsection (a)--
                            (i) by inserting ``(or the Federal Trade 
                        Commission with respect to a violation of 
                        section 7)'' after ``United States'', and
                            (ii) by inserting ``(or it)'' after ``he'' 
                        each place it appears, and
                    (C) in subsection (b) by inserting ``(or the 
                Federal Trade Commission with respect to a violation of 
                section 7)'' after ``United States'',
            (2) in section 5--
                    (A) in subsection (a) by inserting ``(including a 
                proceeding brought by the Federal Trade Commission with 
                respect to a violation of section 7)'' after ``United 
                States'',
                    (B) in subsection (b) by inserting ``(including the 
                Federal Trade Commission with respect to a violation of 
                section 7)'' after ``United States'' each place it 
                appears,
                    (C) in subsection (c) by inserting ``(including the 
                Federal Trade Commission with respect to a violation of 
                section 7)'' after ``United States'' each place it 
                appears,
                    (D) in subsection (d) by inserting ``(including the 
                Federal Trade Commission with respect to a violation of 
                section 7)'' after ``United States'' each place it 
                appears,
                    (E) in subsection (e)(1) by inserting ``(including 
                the Federal Trade Commission with respect to a 
                violation of section 7)'' after ``United States'',
                    (F) in subsection (f)(4) by inserting ``(including 
                the Federal Trade Commission with respect to a 
                violation of section 7)'' after ``United States'',
                    (G) in subsection (g)--
                            (i) by inserting ``(including the Federal 
                        Trade Commission with respect to a violation of 
                        section 7)'' after ``United States'',
                            (ii) by inserting ``(or the Federal Trade 
                        Commission)'' after ``General'', and
                            (iii) by inserting ``(or any officer or 
                        employee of the Federal Trade Commission)'' 
                        after ``Justice'', and
                    (H) in subsection (i) by inserting ``(including the 
                Federal Trade Commission with respect to a violation of 
                section 7)'' after ``United States'',
            (3) in section 11(a) by inserting ``(excluding enforcing 
        compliance with section 7)'' after ``commerce'',
            (4) in section 13 by inserting ``(including the Federal 
        Trade Commission with respect to a violation of section 7)'' 
        after ``United States'' the 1st place it appears, and
            (5) in section 15 by inserting ``and the duty of the 
        Federal Trade Commission with respect to a violation of section 
        7,'' after ``General,''.

SEC. 3. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT.

    The Federal Trade Commission Act (15 U.S.C. 41) is amended--
            (1) in section 5(b)--
                    (A) by inserting ``(excluding the consummation of a 
                proposed merger, acquisition, joint venture, or similar 
                transaction subject to section 7 of the Clayton Act)'' 
                after ``unfair method of competition'', and
                    (B) by inserting ``(excluding the consummation of a 
                proposed merger, acquisition, joint venture, or similar 
                transaction subject to section 7 of the Clayton Act)'' 
                after ``method of competition'' the 2d and 3d places it 
                appears,
            (2) in section 9 by inserting after the 4th undesignated 
        paragraph the following:
    ``Upon the application of the commission with respect to any 
activity related to the consummation of a proposed merger, acquisition, 
joint venture, or similar transaction subject to section 7 of the 
Clayton Act that may result in any unfair method of competition, the 
district courts of the United States shall have jurisdiction to issue 
writs of mandamus commanding any person or corporation to comply with 
the provisions of this Act or any order of the commission made in 
pursuance thereof.'', and
            (3) in section 13(b)(1) by inserting ``(excluding section 7 
        of the Clayton Act and section 5(a)(1) with respect to the 
        consummation of a proposed merger, acquisition, joint venture, 
        or similar transaction subject to section 7 of the Clayton 
        Act)'' after ``Commission''.

SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.

    (a) Effective Date.--Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on the date of 
the enactment of this Act.
    (b) Application of Amendments.--The amendments made by this Act 
shall not apply to any of the following that occurs before the date of 
enactment of this Act:
            (1) A violation of section 7 of the Clayton Act (15 U.S.C. 
        18).
            (2) A transaction with respect to which there is compliance 
        with section 7A of the Clayton Act (15 U.S.C. 18a).
            (3) A merger, acquisition, joint venture, or similar 
        transaction that is consummated.
                                 <all>