Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015
Latest action · Apr 4, 2016 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJun 12, 2015
- Passed HouseMar 23, 2016
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)
Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015
(Sec. 2) This bill amends the Clayton Act with respect to notice to a state by the Department of Justice (DOJ) about federal actions brought for violations of antitrust laws. Currently DOJ must:
- notify a state attorney general about an antitrust action regarding which DOJ has reason to believe that the state attorney general would also be entitled to bring an action based substantially on the same alleged violation of the antitrust laws; and
- upon request 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.
The Federal Trade Commission (FTC) shall exercise the same authority and procedures as DOJ under the Clayton Act if the FTC has brought an action under Section 7 of the same Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly.
Also in cases brought by the FTC that result in final judgments against a defendant, those judgments shall be prima facie evidence of antitrust violations under substantially similar facts in actions brought by other parties.
The statute of limitations shall be tolled during a proceeding brought by the FTC under Section 7, and for one year thereafter, for any private and state rights of action based on the conduct in question during the proceeding.
The FTC shall enforce compliance with section 7 in the same manner as DOJ in acting to prevent or restrain antitrust violations. The FTC shall enforce a consent order, however, in the same manner it does already.
(Sec. 3) The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from ordinary FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order.
U.S. district courts shall have jurisdiction to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that may result in an unfair method of competition.
Recorded votes 2
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 137 | On Passage | Passed235–171 | Mar 23, 2016 |
| House 136 | On Motion to Recommit with Instructions | Failed174–235 | Mar 23, 2016 |
Cosponsors 5
Members who signed on, in the order they did. Signatures ran from Jun 12, 2015 to Feb 23, 2016; 2 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-VA | Bob Goodlatte | Original | Jun 12, 2015 |
| R-PA | Tom Marino | Original | Jun 12, 2015 |
| R-GA | Doug Collins | Jun 18, 2015 | |
| R-IN | Luke Messer | Feb 8, 2016 | |
| R-IN | Larry Bucshon | Feb 23, 2016 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Jun 12, 2015Markup Sep 30, 2015Reported Mar 14, 2016 |
| Administrative State, Regulatory Reform, and Antitrust Subcommittee | Referred Jul 1, 2015Discharged Sep 29, 2015 | |
| Senate | Judiciary Committee | Referred Apr 4, 2016 |
Actions 21
Everything that happened, newest first.
- Apr 4, 2016Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Mar 23, 2016Considered under the provisions of rule H. Res. 653. (consideration: CR H1560-1569)
- Mar 23, 2016Rule provides for consideration of H.R. 2745 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. On any legislative day during the period from March 24, 2016, through April 11, 2016, the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the house adjourned to meet at a date and time, within the limits of clause 4, section 5, of article I of the Constitution, to be announced by the Chair in declaring the adjournment.
- Mar 23, 2016DEBATE - The House proceeded with one hour of debate on H.R. 2745.
- Mar 23, 2016The previous question was ordered pursuant to the rule. (consideration: CR H1567)
- Mar 23, 2016Mr. Doggett moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H1567-1568; text: CR H1567)
- Mar 23, 2016DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit mergers that would increase the costs of pharmaceutical drugs.
- Mar 23, 2016The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1568)
- Mar 23, 2016On motion to recommit with instructions Failed by the Yeas and Nays: 174 - 235 (Roll no. 136). (consideration: CR H1568)
- Mar 23, 2016Passed/agreed to in House: On passage Passed by recorded vote: 235 - 171 (Roll no. 137). (text: CR H1560-1561)
- Mar 23, 2016Motion to reconsider laid on the table Agreed to without objection.
- Mar 22, 2016Rule H. Res. 653 passed House.
- Mar 21, 2016Rules Committee Resolution H. Res. 653 Reported to House. Rule provides for consideration of H.R. 2745 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. On any legislative day during the period from March 24, 2016, through April 11, 2016, the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the house adjourned to meet at a date and time, within the limits of clause 4, section 5, of article I of the Constitution, to be announced by the Chair in declaring the adjournment.
- Mar 14, 2016Reported by the Committee on Judiciary. H. Rept. 114-449.
- Mar 14, 2016Placed on the Union Calendar, Calendar No. 344.
- Sep 30, 2015Committee Consideration and Mark-up Session Held.
- Sep 30, 2015Ordered to be Reported by the Yeas and Nays: 18 - 10.
- Sep 29, 2015Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.
- Jul 1, 2015Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
- Jun 12, 2015Introduced in House
- Jun 12, 2015Referred to the House Committee on the Judiciary.
In the Congressional Record 5
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E394 | Chris Van Hollen D-MD | Apr 11, 2016 |
| House | Debate and remarks H1560–H1569Text printed H1560Motions H1567Recorded votes H1568, H1569Doggett motion to recommit (maintain current regulations relative to mergers that could increase costs of pharmaceutical drugs)enact | Bill Pascrell, Jr. D-NJ, Blake Farenthold R-TX, Bob Goodlatte R-VA, Henry C. "Hank" Johnson, Jr. D-GA, John Conyers, Jr. D-MI, Lloyd Doggett D-TX (motion), Sheila Jackson Lee D-TX | Mar 23, 2016 |
| House | Debate and remarks H1509–H1513Text printed H1509Amendments H1513Recorded votes H1532consideration (H. Res. 653), previous question | Doug Collins R-GA, Jared Polis D-CO (amendment) | Mar 22, 2016 |
| House | Debate and remarks H1447 | Kevin McCarthy R-CA | Mar 17, 2016 |
| House | Lists H4344H.R. 2745–2766 | — | Jun 12, 2015 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimate
- Oct 16, 2015H.R. 2745, Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015As ordered reported by the House Committee on the Judiciary on September 30, 2015
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 161, no. 94, June 12, 2015, page H4344.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 114-32 | STANDARD MERGER AND ACQUISITION REVIEWS THROUGH EQUAL RULES ACT OF 201583 pages | Judiciary Committee | Jun 16, 2015 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R44971 | Pre-Merger Review and Challenges Under the Clayton Act and the Federal Trade Commission Act Archived | Report | Sep 27, 2017 |
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 653 | Providing for consideration of the bill (H.R. 2745) 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, and providing for proceedings during the period from March 24, 2016, through April 11, 2016. | Procedurally related | Mar 22, 2016 |
| HR 659 | Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017 | Reintroduced Bill | Nov 15, 2017 |
| S 2102 | Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 | Identical bill | Mar 9, 2016 |
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- 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.
- Short Titles as Introduced
- Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015
Subjects
Assigned by the Library of Congress. Policy area: Commerce.
Text 4
Each version as it was printed, newest first.
- Apr 4, 2016Referred in Senate
- Mar 23, 2016Engrossed in House
- Mar 14, 2016Reported in House
- Jun 12, 2015Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
