US Congress House Bill 659 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 6-2)
Status: Introduced on January 24 2017 - 25% progression, died in chamber
Action: 2017-11-15 - Placed on the Union Calendar, Calendar No. 304.
Text: Latest bill text (Introduced) [PDF]

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.

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017

Rep. Blake Farenthold [R-TX]	Rep. Bob Goodlatte [R-VA]	Rep. Tom Marino [R-PA]	Rep. Larry Bucshon [R-IN]
Rep. Doug Collins [R-GA]	Rep. Luke Messer [R-IN]	Rep. Collin Peterson [D-MN]	Rep. Scott Peters [D-CA]

Date	Chamber	Action
2017-11-15	House	Placed on the Union Calendar, Calendar No. 304.
2017-11-15	House	Reported by the Committee on Judiciary. H. Rept. 115-412.
2017-04-05	House	Ordered to be Reported by the Yeas and Nays: 16 - 10.
2017-04-05	House	Committee Consideration and Mark-up Session Held.
2017-02-08	House	Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
2017-01-24	House	Referred to the House Committee on the Judiciary.
2017-01-24	House	Introduced in House

HB5645 (Related) 2018-05-10 - Received in the Senate and Read twice and referred to the Committee on the Judiciary.
HR872 (Similar To) 2018-05-08 - Motion to reconsider laid on the table Agreed to without objection.
SB2857 (Related) 2018-09-10 - Placed on the House Calendar, Calendar No. 182.
SB2847 (Related) 2018-05-15 - Read twice and referred to the Committee on the Judiciary.

Type	Source
Summary	https://www.congress.gov/bill/115th-congress/house-bill/659/all-info
Text	https://www.congress.gov/115/bills/hr659/BILLS-115hr659ih.pdf
Text	https://www.congress.gov/115/bills/hr659/BILLS-115hr659rh.pdf