Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018
USA115th CongressHR-5645| House
| Updated: 5/10/2018
Karen C. Handel
Republican Representative
Georgia
Cosponsors (7)
Administrative State, Regulatory Reform, and Antitrust Subcommittee, Judiciary Committee, Judiciary Committee
- Introduced
- In Committee
- On Floor
- Passed Chamber
- Enacted
Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018 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 such 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.
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Timeline
Introduced in House
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Referred to the House Committee on the Judiciary.
Rules Committee Resolution H. Res. 872 Reported to House. Rule provides for consideration of H.R. 5645, H.R. 2152 and S.J. Res. 57. Rule provides for consideration of H.R. 5645 under a structured rule, with one motion to recommit with or without instructions. Rule provides for consideration of H.R. 2152 under a closed rule, with one motion to recommit with or without instructions. Rule also provides for consideration of S.J. Res. 57 under a closed rule with one motion to commit.
Considered under the provisions of rule H. Res. 872. (consideration: CR H5645; text of measure as reported in House: CR H3851)
Rule provides for consideration of H.R. 5645, H.R. 2152 and S.J. Res. 57. Rule provides for consideration of H.R. 5645 under a structured rule, with one motion to recommit with or without instructions. Rule provides for consideration of H.R. 2152 under a closed rule, with one motion to recommit with or without instructions. Rule also provides for consideration of S.J. Res. 57 under a closed rule with one motion to commit.
ORDER OF PROCEDURE - Mr. Goodlattte asked unanimous consent that the question of adopting the amendment to H.R. 5645 may be subject to postponement as though under clause 8 of rule 20. Agreed to without objection.
DEBATE - The House proceeded with one hour of debate on H.R. 5645.
DEBATE - Pursuant to the provisions of H. Res. 872, the House proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
Mr. Doggett moved to recommit with instructions to the Committee on the Judiciary. (text: CR H3857)
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Doggett motion to recommit. The instructions contained in the motion seek to report the bill back to the House forthwith with an amendment to add a section relating to protecting consumers against high prescription drug costs.
The previous question on the motion to recommit with instructions was ordered without objection.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Doggett motion to recommit with instructions, the Chair put the question on adoption of the motion and by voice vote announced that the noes had prevailed. Mr. Doggett demanded the yeas and nays, and the Chair postponed further proceedings on the question of adoption until later in the legislative day.
Considered as unfinished business. (consideration: CR H3865-3866)
On motion to recommit with instructions Failed by the Yeas and Nays: 193 - 220 (Roll no. 176).
View VoteOn passage Passed by the Yeas and Nays: 230 - 185 (Roll no. 177).
View VoteMotion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Commerce
Competition and antitrustCorporate finance and managementFederal district courtsJurisdiction and venueSecurities
Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018
USA115th CongressHR-5645| House
| Updated: 5/10/2018
Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018 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 such 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.
Suggested Questions
Get AI-generated questions to help you understand this bill better
Timeline
Introduced in House
Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
Referred to the House Committee on the Judiciary.
Rules Committee Resolution H. Res. 872 Reported to House. Rule provides for consideration of H.R. 5645, H.R. 2152 and S.J. Res. 57. Rule provides for consideration of H.R. 5645 under a structured rule, with one motion to recommit with or without instructions. Rule provides for consideration of H.R. 2152 under a closed rule, with one motion to recommit with or without instructions. Rule also provides for consideration of S.J. Res. 57 under a closed rule with one motion to commit.
Considered under the provisions of rule H. Res. 872. (consideration: CR H5645; text of measure as reported in House: CR H3851)
Rule provides for consideration of H.R. 5645, H.R. 2152 and S.J. Res. 57. Rule provides for consideration of H.R. 5645 under a structured rule, with one motion to recommit with or without instructions. Rule provides for consideration of H.R. 2152 under a closed rule, with one motion to recommit with or without instructions. Rule also provides for consideration of S.J. Res. 57 under a closed rule with one motion to commit.
ORDER OF PROCEDURE - Mr. Goodlattte asked unanimous consent that the question of adopting the amendment to H.R. 5645 may be subject to postponement as though under clause 8 of rule 20. Agreed to without objection.
DEBATE - The House proceeded with one hour of debate on H.R. 5645.
DEBATE - Pursuant to the provisions of H. Res. 872, the House proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.
Mr. Doggett moved to recommit with instructions to the Committee on the Judiciary. (text: CR H3857)
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Doggett motion to recommit. The instructions contained in the motion seek to report the bill back to the House forthwith with an amendment to add a section relating to protecting consumers against high prescription drug costs.
The previous question on the motion to recommit with instructions was ordered without objection.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Doggett motion to recommit with instructions, the Chair put the question on adoption of the motion and by voice vote announced that the noes had prevailed. Mr. Doggett demanded the yeas and nays, and the Chair postponed further proceedings on the question of adoption until later in the legislative day.
Considered as unfinished business. (consideration: CR H3865-3866)
On motion to recommit with instructions Failed by the Yeas and Nays: 193 - 220 (Roll no. 176).
View VoteOn passage Passed by the Yeas and Nays: 230 - 185 (Roll no. 177).
View VoteMotion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Karen C. Handel
Republican Representative
Georgia
Cosponsors (7)
Administrative State, Regulatory Reform, and Antitrust Subcommittee, Judiciary Committee, Judiciary Committee
Commerce
Related Bills
- HRES 115-872: Providing for consideration of the bill (H.R. 5645) 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; providing for consideration of the bill (H.R. 2152) to require States and units of local government receiving funds under grant programs operated by the Department of Justice, which use such funds for pretrial services programs, to submit to the Attorney General a report relating to such program, and for other purposes; and providing for consideration of the joint resolution (S.J. Res. 57) providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to "Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act".
- S 115-2847: A bill 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 to require the Federal Communications Commission to approve or deny a license transfer application within 180 days of submission.
- HR 115-659: Standard Merger and Acquisition Reviews Through Equal Rules Act of 2017
- Introduced
- In Committee
- On Floor
- Passed Chamber
- Enacted
Competition and antitrustCorporate finance and managementFederal district courtsJurisdiction and venueSecurities