H. R. 5645, Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018.

This 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.

Why This Bill Is Against Our Values:

“This bill would significantly undermine the Federal Trade Commission’s ability to enforce the nation’s antitrust laws, which help protect Americans from anti-competitive behavior in the marketplace.  In the guise of ‘harmonization’ with the Department of Justice, it would eliminate the FTC’s administrative litigation enforcement authority with respect to corporate mergers and other transactions.  It would also change—and potentially increase—the burden the FTC must demonstrate in court when seeking a preliminary injunction of a proposed merger.” (Source: Congressman Jerrold Nadler (D-NY), Ranking Member of the House Judiciary Committee)

“We write to express concern about H.R. 5645—Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018. After close review, the Open Markets Institute has concluded that the bill would dangerously reduce the Federal Trade Commission’s ability to protect American citizens from concentrations of power that threaten them politically and economically. Worse, it would do so exactly at a moment when we need a stronger and more active FTC.” (Source: Open Markets Institute)

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