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US S307

US S307
Consolidation Prevention and Competition Promotion Act of 2019


summary

Introduced
01/31/2019
In Committee
01/31/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

116th Congress

Bill Summary

A bill to amend the Clayton Act to modify the standard for an unlawful acquisition, and for other purposes. This bill amends the Clayton Act to revise merger requirements. Specifically, the bill prohibits a merger that materially (currently, substantially) lessens competition in more than a de minimis amount or tends to create a monopsony (a market situation in which there is only one buyer); shifts the burden of proof to the merging companies to show that their consolidation will not harm competition; requires companies that enter into a settlement agreement with the Federal Trade Commission (FTC) or Department of Justice regarding a merger to report information that allows the agencies to assess the competitive impact of the merger, and establishes the Office of the Competition Advocate within the FTC.

AI Summary

This bill amends the Clayton Act to revise merger requirements. Specifically, it prohibits mergers that may materially (rather than substantially) lessen competition or tend to create a monopsony. The bill shifts the burden of proof to the merging companies to show that their consolidation will not harm competition. It also requires companies that enter into a settlement agreement with the Federal Trade Commission (FTC) or Department of Justice regarding a merger to report information that allows the agencies to assess the competitive impact of the merger. Additionally, the bill establishes the Office of the Competition Advocate within the FTC to recommend processes, identify industries for antitrust investigation, and publish reports on market concentration and merger enforcement.

Committee Categories

Justice

Sponsors (6)

Last Action

Read twice and referred to the Committee on the Judiciary. (on 01/31/2019)

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