Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017
Latest action · Nov 15, 2017 Placed on the Union Calendar, Calendar No. 304.
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.
- IntroducedJan 24, 2017
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017
(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 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 such Act, 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 the Act 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.
Cosponsors 7
Members who signed on, in the order they did. Signatures ran from Jan 24, 2017 to Apr 5, 2017; 5 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-VA | Bob Goodlatte | Original | Jan 24, 2017 |
| R-GA | Doug Collins | Original | Jan 24, 2017 |
| R-IN | Larry Bucshon | Original | Jan 24, 2017 |
| R-IN | Luke Messer | Original | Jan 24, 2017 |
| R-PA | Tom Marino | Original | Jan 24, 2017 |
| D-MN | Collin C. Peterson | Apr 5, 2017 | |
| D-CA | Scott H. Peters | Apr 5, 2017 |
Committees 1
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Jan 24, 2017Markup Apr 5, 2017Reported Nov 15, 2017 |
| Administrative State, Regulatory Reform, and Antitrust Subcommittee | Referred Feb 8, 2017 |
Actions 7
Everything that happened, newest first.
- Nov 15, 2017Reported by the Committee on Judiciary. H. Rept. 115-412.
- Nov 15, 2017Placed on the Union Calendar, Calendar No. 304.
- Apr 5, 2017Committee Consideration and Mark-up Session Held.
- Apr 5, 2017Ordered to be Reported by the Yeas and Nays: 16 - 10.
- Feb 8, 2017Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
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
- May 2, 2017H.R. 659, Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017As ordered reported by the House Committee on the Judiciary on April 5, 2017
Constitutional authority
The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 13, January 24, 2017, page H688.
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 |
|---|---|---|---|
| HR 2745 | Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 | Reintroduction of | Apr 4, 2016 |
| S 2847 | Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018 | Related bill | May 15, 2018 |
| HR 5645 | Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018 | Related bill | May 10, 2018 |
Titles 3
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 2017
- Short Titles as Reported to House
- Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017
Subjects
Assigned by the Library of Congress. Policy area: Commerce.
Text 2
Each version as it was printed, newest first.
- Nov 15, 2017Reported in House
- Jan 24, 2017Introduced 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.