Legis Daily

Antitrust Accountability and Transparency Act

USA119th CongressS-4107| Senate 
| Updated: 3/17/2026
Amy Klobuchar

Amy Klobuchar

Democratic Senator

Minnesota

Cosponsors (8)
Mazie K. Hirono (Democratic)Richard J. Durbin (Democratic)Elizabeth Warren (Democratic)Sheldon Whitehouse (Democratic)Christopher Murphy (Democratic)Cory A. Booker (Democratic)Peter Welch (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This legislation significantly amends Section 5 of the Clayton Act, aiming to enhance transparency and public accountability in federal antitrust enforcement actions. A key provision requires that any proposed voluntary dismissal of a civil antitrust proceeding by the United States or the Federal Trade Commission (FTC) must be filed with the district court and published in the Federal Register for a 45-day public comment period. During this period, the case is stayed, and State Attorneys General are granted the ability to move for substitution in the proceeding, ensuring that meritorious cases are not prematurely dropped. The bill also modifies the process for consent judgments , reducing the public comment period from 60 to 45 days and clarifying the court's role. Courts are now explicitly required to determine if there is a reasonable belief that the consent judgment does not permit any transaction or practice that creates a material risk of violating antitrust laws and that its provisions are reasonably tailored to the alleged violations. This strengthens the public interest standard, moving beyond mere deference to agency proposals. Furthermore, the legislation introduces new requirements for hold separate orders in Section 7 merger cases, mandating that assets remain separate until 15 days after the government responds to public comments, with violations treated as Section 7A violations. It also increases transparency by requiring disclosure of communications and any benefits or concessions related to consent judgments. The court's discretion in entering consent judgments is emphasized, stating it need not defer to the government's predictions about the efficacy of its remedies.
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Timeline
Mar 17, 2026
Introduced in Senate
Mar 17, 2026
Read twice and referred to the Committee on the Judiciary.
  • March 17, 2026
    Introduced in Senate


  • March 17, 2026
    Read twice and referred to the Committee on the Judiciary.

Commerce

Antitrust Accountability and Transparency Act

USA119th CongressS-4107| Senate 
| Updated: 3/17/2026
This legislation significantly amends Section 5 of the Clayton Act, aiming to enhance transparency and public accountability in federal antitrust enforcement actions. A key provision requires that any proposed voluntary dismissal of a civil antitrust proceeding by the United States or the Federal Trade Commission (FTC) must be filed with the district court and published in the Federal Register for a 45-day public comment period. During this period, the case is stayed, and State Attorneys General are granted the ability to move for substitution in the proceeding, ensuring that meritorious cases are not prematurely dropped. The bill also modifies the process for consent judgments , reducing the public comment period from 60 to 45 days and clarifying the court's role. Courts are now explicitly required to determine if there is a reasonable belief that the consent judgment does not permit any transaction or practice that creates a material risk of violating antitrust laws and that its provisions are reasonably tailored to the alleged violations. This strengthens the public interest standard, moving beyond mere deference to agency proposals. Furthermore, the legislation introduces new requirements for hold separate orders in Section 7 merger cases, mandating that assets remain separate until 15 days after the government responds to public comments, with violations treated as Section 7A violations. It also increases transparency by requiring disclosure of communications and any benefits or concessions related to consent judgments. The court's discretion in entering consent judgments is emphasized, stating it need not defer to the government's predictions about the efficacy of its remedies.
View Full Text

Suggested Questions

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Timeline
Mar 17, 2026
Introduced in Senate
Mar 17, 2026
Read twice and referred to the Committee on the Judiciary.
  • March 17, 2026
    Introduced in Senate


  • March 17, 2026
    Read twice and referred to the Committee on the Judiciary.
Amy Klobuchar

Amy Klobuchar

Democratic Senator

Minnesota

Cosponsors (8)
Mazie K. Hirono (Democratic)Richard J. Durbin (Democratic)Elizabeth Warren (Democratic)Sheldon Whitehouse (Democratic)Christopher Murphy (Democratic)Cory A. Booker (Democratic)Peter Welch (Democratic)Richard Blumenthal (Democratic)

Judiciary Committee

Commerce

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted