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Bill114th CongressFiled Jun 12, 2015Commerce
H.R. 2745

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

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Under committee review

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What it doesSummary passed house without amendment (Mar 23, 2016)

(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.

What just happenedApr 4, 2016

Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Who’s behind it

Rep. Farenthold, Blake [R-TX-27](R-TX)Sponsor
5 cosponsors5 R
Read on Congress.gov
5cosponsors2committees24actions2related bills5subjects
  1. Apr 4, 2016IntroReferral

    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

    Judiciary Committee
  2. Mar 23, 2016FloorH38310

    Motion to reconsider laid on the table Agreed to without objection.

  3. Mar 23, 2016FloorH37100

    On passage Passed by recorded vote: 235 - 171 (Roll no. 137). (text: CR H1560-1561)

  4. Mar 23, 2016Floor8000

    Passed/agreed to in House: On passage Passed by recorded vote: 235 - 171 (Roll no. 137).(text: CR H1560-1561)

  5. Mar 23, 2016FloorH36110

    On motion to recommit with instructions Failed by the Yeas and Nays: 174 - 235 (Roll no. 136). (consideration: CR H1568)

    Judiciary Committee
  6. Mar 23, 2016FloorH8A000

    The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1568)

  7. Mar 23, 2016FloorH8D000

    DEBATE - 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.

  8. Mar 23, 2016FloorH36100

    Mr. Doggett moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H1567-1568; text: CR H1567)

    Judiciary Committee
  9. Mar 23, 2016FloorH35000

    The previous question was ordered pursuant to the rule. (consideration: CR H1567)

  10. Mar 23, 2016FloorH8D000

    DEBATE - The House proceeded with one hour of debate on H.R. 2745.

  11. Mar 23, 2016FloorH8D000

    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.

  12. Mar 23, 2016FloorH30000

    Considered under the provisions of rule H. Res. 653. (consideration: CR H1560-1569)

  13. Mar 22, 2016FloorH1L220

    Rule H. Res. 653 passed House.

  14. Mar 21, 2016FloorH1L210

    Rules 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.

  15. Mar 14, 2016CalendarsH12410

    Placed on the Union Calendar, Calendar No. 344.

  16. Mar 14, 2016CommitteeH12200

    Reported by the Committee on Judiciary. H. Rept. 114-449.

    Judiciary Committee
  17. Mar 14, 2016Committee5000

    Reported by the Committee on Judiciary. H. Rept. 114-449.

    Judiciary Committee
  18. Sep 30, 2015Committee

    Ordered to be Reported by the Yeas and Nays: 18 - 10.

    Judiciary Committee
  19. Sep 30, 2015Committee

    Committee Consideration and Mark-up Session Held.

    Judiciary Committee
  20. Sep 29, 2015Committee

    Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.

    Judiciary Committee
  21. Jul 1, 2015Committee

    Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

    Administrative State, Regulatory Reform, and Antitrust Subcommittee
  22. Jun 12, 2015IntroReferralH11100

    Referred to the House Committee on the Judiciary.

    Judiciary Committee
  23. Jun 12, 2015IntroReferralIntro-H

    Introduced in House

  24. Jun 12, 2015IntroReferral1000

    Introduced in House

Passed House without amendmentMar 23, 201681

(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.

Reported to House without amendmentMar 14, 201679

(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 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.

Introduced in HouseJun 12, 2015

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

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.

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.

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.

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 — Informed