Administrative State, Regulatory Reform, and Antitrust Subcommittee, Judiciary Committee
Introduced
In Committee
On Floor
Passed Chamber
Enacted
Restoring and Improving Merger Enforcement Act of 2018 This bill revises the standard for determining whether a proposed corporate acquisition would substantially lessen competition. Specifically, the bill establishes that a court may consider a claim that the acquisition would increase efficiency only if such increased efficiency (1) is verifiable, (2) could not be accomplished without the acquisition, and (3) would promote competition. The bill also places the burden of proof on the defendant claiming that increased efficiency will eliminate the substantial lessening of competition that would result from the proposed acquisition.
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Timeline
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Commerce
Business recordsCompetition and antitrustConsumer affairsCorporate finance and managementJudicial review and appeals
To amend the Clayton Act with respect to mergers.
USA115th CongressHR-5642| House
| Updated: 5/22/2018
Restoring and Improving Merger Enforcement Act of 2018 This bill revises the standard for determining whether a proposed corporate acquisition would substantially lessen competition. Specifically, the bill establishes that a court may consider a claim that the acquisition would increase efficiency only if such increased efficiency (1) is verifiable, (2) could not be accomplished without the acquisition, and (3) would promote competition. The bill also places the burden of proof on the defendant claiming that increased efficiency will eliminate the substantial lessening of competition that would result from the proposed acquisition.