[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5402 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5402
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 8, 2014
Mr. Farenthold introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Standard Merger and Acquisition
Reviews Through Equal Rules Act of 2014''.
SEC. 2. AMENDMENTS TO THE CLAYTON ACT.
The Clayton Act (15 U.S.C. 12 et seq.) is amended--
(1) in section 4F--
(A) in the heading by inserting ``or the federal
trade commission'' after ``united states'',
(B) in subsection (a)--
(i) by inserting ``(or the Federal Trade
Commission with respect to a violation of
section 7)'' after ``United States'', and
(ii) by inserting ``(or it)'' after ``he''
each place it appears, and
(C) in subsection (b) by inserting ``(or the
Federal Trade Commission with respect to a violation of
section 7)'' after ``United States'',
(2) in section 5--
(A) in subsection (a) by inserting ``(including a
proceeding brought by the Federal Trade Commission with
respect to a violation of section 7)'' after ``United
States'',
(B) in subsection (b) by inserting ``(including the
Federal Trade Commission with respect to a violation of
section 7)'' after ``United States'' each place it
appears,
(C) in subsection (c) by inserting ``(including the
Federal Trade Commission with respect to a violation of
section 7)'' after ``United States'' each place it
appears,
(D) in subsection (d) by inserting ``(including the
Federal Trade Commission with respect to a violation of
section 7)'' after ``United States'' each place it
appears,
(E) in subsection (e)(1) by inserting ``(including
the Federal Trade Commission with respect to a
violation of section 7)'' after ``United States'',
(F) in subsection (f)(4) by inserting ``(including
the Federal Trade Commission with respect to a
violation of section 7)'' after ``United States'',
(G) in subsection (g)--
(i) by inserting ``(including the Federal
Trade Commission with respect to a violation of
section 7)'' after ``United States'',
(ii) by inserting ``(or the Federal Trade
Commission)'' after ``General'', and
(iii) by inserting ``(or any officer or
employee of the Federal Trade Commission)''
after ``Justice'', and
(H) in subsection (i) by inserting ``(including the
Federal Trade Commission with respect to a violation of
section 7)'' after ``United States'',
(3) in section 11(a) by inserting ``(excluding enforcing
compliance with section 7)'' after ``commerce'',
(4) in section 13 by inserting ``(including the Federal
Trade Commission with respect to a violation of section 7)''
after ``United States'' the 1st place it appears, and
(5) in section 15 by inserting ``and the duty of the
Federal Trade Commission with respect to a violation of section
7,'' after ``General,''.
SEC. 3. AMENDMENTS TO THE FEDERAL TRADE COMMISSION ACT.
The Federal Trade Commission Act (15 U.S.C. 41) is amended--
(1) in section 5(b)--
(A) by inserting ``(excluding the consummation of a
proposed merger, acquisition, joint venture, or similar
transaction subject to section 7 of the Clayton Act)''
after ``unfair method of competition'', and
(B) by inserting ``(excluding the consummation of a
proposed merger, acquisition, joint venture, or similar
transaction subject to section 7 of the Clayton Act)''
after ``method of competition'' the 2d and 3d places it
appears,
(2) in section 9 by inserting after the 4th undesignated
paragraph the following:
``Upon the application of the commission with respect to any
activity related to the consummation of a proposed merger, acquisition,
joint venture, or similar transaction subject to section 7 of the
Clayton Act that may result in any unfair method of competition, the
district courts of the United States shall have jurisdiction to issue
writs of mandamus commanding any person or corporation to comply with
the provisions of this Act or any order of the commission made in
pursuance thereof.'', and
(3) in section 13(b)(1) by inserting ``(excluding section 7
of the Clayton Act and section 5(a)(1) with respect to the
consummation of a proposed merger, acquisition, joint venture,
or similar transaction subject to section 7 of the Clayton
Act)'' after ``Commission''.
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this Act
and the amendments made by this Act shall take effect on the date of
the enactment of this Act.
(b) Application of Amendments.--The amendments made by this Act
shall not apply to any of the following that occurs before the date of
enactment of this Act:
(1) A violation of section 7 of the Clayton Act (15 U.S.C.
18).
(2) A transaction with respect to which there is compliance
with section 7A of the Clayton Act (15 U.S.C. 18a).
(3) A merger, acquisition, joint venture, or similar
transaction that is consummated.
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