Congress 107 - HR 5357 - Agriculture Competition Enhancement Act

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Topics

Administrative fees Administrative remedies Advice and consent of the Senate Agribusiness Agricultural economics Agricultural industries Agricultural prices Agriculture and Food Antitrust actions Antitrust law Civil actions and liability Commerce Competition Congress Conspiracy Contracts Corporate governance Corporate mergers Corporation directors Damages Department of Agriculture Department of Justice Economic concentration Economics and Public Finance Economists in government Evidence (Law) Executive reorganization Families Family farms Farmers Federal employees Federally-guaranteed loans Finance and Financial Sector Fines (Penalties) Food industry Government attorneys Government Operations and Politics Government paperwork Governmental investigations Grain trade Housing and Community Development Injunctions Intellectual property Joint ventures Judicial review of administrative acts Law Livestock industry Lobbying Marketing of farm produce Meat packing industry Monopolies Poultry industry Predatory pricing President and foreign policy Presidential appointments Price discrimination Price fixing Produce trade Recruiting of employees Restrictive trade practices Rural economic development Small farms Subsidiary corporations Territorial arrangements (Antitrust law) Trademarks Witnesses

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Summary

Agriculture Competition Enhancement Act - Establishes within the Department of Agriculture a Special Counsel for Competition Matters, to be appointed by the President subject to the advice and consent of the Senate.

Directs the Assistant Attorney General of the Antitrust Division of the Department of Justice or the Federal Trade Commission to notify the Secretary of Agriculture of specified (size- and market share-related) agribusiness premerger filings under the Clayton Act, and provide the Secretary with an opportunity to participate in such review. States that in addition to such antitrust review the Special Counsel shall conduct a contemporaneous review of the proposed action's marketplace effect on independent producers and family farmers, and may challenge such merger or acquisition.

Authorizes the Special Counsel to request notification of a smaller merger or acquisition that may threaten market competition.

Amends the Clayton Act with respect to proposed agricultural mergers or acquisitions.

Sets forth: (1) unlawful practices for agricultural dealers, processors, commission merchants, or brokers; and (2) related enforcement provisions.

Prohibits confidentiality clauses in livestock and poultry production contracts.

Amends the Consolidated Farm and Rural Development Act to authorize business and industry guaranteed loans for non-rural sited, farmer-owned projects that add value to or process agricultural commodities.

Establishes within the Antitrust Division of the Department of Justice an Assistant Attorney General for Agricultural Antitrust Matters.

Increases certain Federal Trade Commission premerger filing fees (Hart-Scott-Rodino filing fees), to be partially earmarked for agribusiness-related staff increases at the Transportation, Energy and Agriculture section of the Department of Justice.

Actions

Sep 13, 2002

Referred to the Subcommittee on Livestock and Horticulture.
Sep 13, 2002

Referred to the Subcommittee on Department Operations, Oversight, Nutrition and Forestry.
Sep 10, 2002

Referred to the Committee on Agriculture, and in addition to the Committee on the Judiciary, 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.
Sep 10, 2002

Introduced in House

Amendments

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