[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2745 Referred in Senate (RFS)]
<DOC>
114th CONGRESS
2d Session
H. R. 2745
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 4, 2016
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
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 2015''.
SEC. 2. AMENDMENTS TO THE CLAYTON ACT.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) by striking section 4F and inserting the following:
``SEC. 4F. ACTIONS BY ATTORNEY GENERAL OF THE UNITED STATES OR THE
FEDERAL TRADE COMMISSION.
``(a) Whenever the Attorney General of the United States has
brought an action under the antitrust laws or the Federal Trade
Commission has brought an action under section 7, and the Attorney
General or Federal Trade Commission, as applicable, has reason to
believe that any State attorney general would be entitled to bring an
action under this Act based substantially on the same alleged violation
of the antitrust laws or section 7, the Attorney General or Federal
Trade Commission, as applicable, shall promptly give written
notification thereof to such State attorney general.
``(b) To assist a State attorney general in evaluating the notice
described in subsection (a) or in bringing any action under this Act,
the Attorney General of the United States or Federal Trade Commission,
as applicable, shall, upon request by such State attorney general, 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 under
this Act.'';
(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 under the antitrust laws''; and
(B) in subsection (i) by inserting ``(including a
proceeding instituted by the Federal Trade Commission
with respect to a violation of section 7)'' after
``antitrust laws'';
(3) in section 11, by adding at the end the following:
``(m)(1) Except as provided in paragraph (2), in enforcing
compliance with section 7, the Federal Trade Commission shall enforce
compliance with that section in the same manner as the Attorney General
in accordance with section 15.
``(2) If the Federal Trade Commission approves an agreement with
the parties to the transaction that contains a consent order with
respect to a violation of section 7, the Commission shall enforce
compliance with that section in accordance with this section.'';
(4) in section 13, by inserting ``(including a suit,
action, or proceeding brought by the Federal Trade Commission
with respect to a violation of section 7)'' before
``subpoenas''; 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), by inserting ``(excluding the
consummation of a proposed merger, acquisition, joint venture,
or similar transaction that is subject to section 7 of the
Clayton Act (15 U.S.C. 18), except in cases where the
Commission approves an agreement with the parties to the
transaction that contains a consent order)'' after ``unfair
method of competition'';
(2) in section 9, by inserting after the fourth
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 that is subject to section 7 of
the Clayton Act (15 U.S.C. 18) 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.''.
(3) in section 13(b)(1), by inserting ``(excluding section
7 of the Clayton Act (15 U.S.C. 18) and section 5(a)(1) with
respect to the consummation of a proposed merger, acquisition,
joint venture, or similar transaction that is subject to
section 7 of the Clayton Act (15 U.S.C. 18))'' after
``Commission''; and
(4) in section 20(c)(1), by inserting ``or under section 7
of the Clayton Act (15 U.S.C. 18), where applicable,'' after
``Act,''.
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 case in which a preliminary injunction has been filed
in a district court of the United States.
Passed the House of Representatives March 23, 2016.
Attest:
KAREN L. HAAS,
Clerk.