H. R IN THE HOUSE OF REPRESENTATIVES

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1 I 11TH CONGRESS D SESSION H. R. 0 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, 01 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. 1 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 01. tkelley on DSKSPTVN1PROD with BILLS SEC.. AMENDMENTS TO THE CLAYTON ACT. The Clayton Act (1 U.S.C. 1 et seq.) is amended VerDate Mar :1 Sep 11, 01 Jkt 0900 PO Frm Fmt Sfmt 01 E:\BILLS\H0.IH H0

2 tkelley on DSKSPTVN1PROD with BILLS 1 (1) in section F (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 ) 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 ) after United States, () in section (A) in subsection (a) by inserting (including a proceeding brought by the Federal Trade Commission with respect to a violation of section ) after United States, (B) in subsection (b) by inserting (including the Federal Trade Commission with respect to a violation of section ) after United States each place it appears, (C) in subsection (c) by inserting (including the Federal Trade Commission with respect VerDate Mar : Sep 09, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

3 tkelley on DSKSPTVN1PROD with BILLS 1 to a violation of section ) after United States each place it appears, (D) in subsection (d) by inserting (includ- ing the Federal Trade Commission with respect to a violation of section ) after United States each place it appears, (E) in subsection (e)(1) by inserting (in- 8 cluding the Federal Trade Commission with re- 9 spect to a violation of section ) after United 10 States, 11 (F) in subsection (f)() by inserting (in- 1 cluding the Federal Trade Commission with re- 1 spect to a violation of section ) after United 1 States, 1 (G) in subsection (g) 1 (i) by inserting (including the Fed- 1 eral Trade Commission with respect to a 18 violation of section ) after United 19 States, 0 (ii) by inserting (or the Federal 1 Trade Commission) after General, and (iii) by inserting (or any officer or employee of the Federal Trade Commis- sion) after Justice, and VerDate Mar : Sep 09, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

4 tkelley on DSKSPTVN1PROD with BILLS 1 (H) in subsection (i) by inserting (includ- ing the Federal Trade Commission with respect to a violation of section ) after United States, () in section 11(a) by inserting (excluding en- forcing compliance with section ) after com- merce, 8 () in section 1 by inserting (including the 9 Federal Trade Commission with respect to a viola- 10 tion of section ) after United States the 1st 11 place it appears, and 1 () in section 1 by inserting and the duty of 1 the Federal Trade Commission with respect to a vio- 1 lation of section, after General, SEC.. AMENDMENTS TO THE FEDERAL TRADE COMMIS- SION ACT. The Federal Trade Commission Act (1 U.S.C. 1) is amended (1) in section (b) (A) by inserting (excluding the consummation of a proposed merger, acquisition, joint venture, or similar transaction subject to section of the Clayton Act) after unfair method of competition, and VerDate Mar : Sep 09, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

5 tkelley on DSKSPTVN1PROD with BILLS 1 (B) by inserting (excluding the con- summation of a proposed merger, acquisition, joint venture, or similar transaction subject to section of the Clayton Act) after method of competition the d and d places it appears, () in section 9 by inserting after the th un- designated paragraph the following: 8 Upon the application of the commission with respect 9 to any activity related to the consummation of a proposed 10 merger, acquisition, joint venture, or similar transaction 11 subject to section of the Clayton Act that may result 1 in any unfair method of competition, the district courts 1 of the United States shall have jurisdiction to issue writs 1 of mandamus commanding any person or corporation to 1 comply with the provisions of this Act or any order of the 1 commission made in pursuance thereof., and 1 () in section 1(b)(1) by inserting (excluding 18 section of the Clayton Act and section (a)(1) with 19 respect to the consummation of a proposed merger, 0 acquisition, joint venture, or similar transaction sub- 1 ject to section of the Clayton Act) after Com- mission. SEC.. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. (a) EFFECTIVE DATE. Except as provided in subsection (b), this Act and the amendments made by this VerDate Mar : Sep 09, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

6 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 of the Clayton Act (1 U.S.C. 18). () A transaction with respect to which there is compliance with section A of the Clayton Act (1 U.S.C. 18a). () A merger, acquisition, joint venture, or similar transaction that is consummated. Æ tkelley on DSKSPTVN1PROD with BILLS VerDate Mar : Sep 09, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\H0.IH H0

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