Unlawful activities under Packers and Stockyards Act, 1921

Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended—(1)in each of subsections (a) through (f), by striking ; or at the end and inserting a period;(2)in subsection (e) (as amended by paragraph (1)), by inserting , in accordance with subsection (b) before the period at the end;(3)in subsection (f)—(A)by striking (1);(B)by striking or (2); and(C)by striking (3);(4)in subsection (g), by striking made unlawful by subdivision (a), (b), (c), (d), or (e) and inserting described in paragraphs (1) through (5);(5)by redesignating subsections (a) through (g) as paragraphs (1) through (7), respectively, and indenting appropriately; (6)by striking the section designation and all that follows through It shall be unlawful in the matter preceding paragraph (1) (as so redesignated) and inserting the following:

202.

Unlawful activities

(a)

In general

It shall be unlawful

;

(7)in subsection (a) (as so designated), in the matter preceding paragraph (1) (as so redesignated), by striking to: and inserting to carry out the following activities:; and(8)by adding at the end the following:

(b)

Acquisition creating a monopoly

(1)

In general

For purposes of subsection (a)(5), an acquisition shall be deemed to create a monopoly if the acquisition would—(A)result in a Herfindahl-Hirschman Index greater than 1,800 in any relevant market; or(B)increase the Herfindahl-Hirschman Index by more than 100 in any relevant market. (2)

Clayton Act violation

Any acquisition deemed to create a monopoly under paragraph (1) shall be considered a violation of section 7 of the Clayton Act (15 U.S.C. 18).