Should we remove differences between the FTC and DOJ merger review processes?
Bill Summary
This bill amends the Clayton Act and the Federal Trade Commission Act (FTC) to align the standards and processes for the FTC and Department of Justice (DOJ)’s review of proposed mergers and acquisitions. The act aims to remove the differences that companies may face in merger review depending on whether their proposed merger is being reviewed by the DOJ or FTC. Sponsor: Rep. Handel, Karen C. [R-GA-6]
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Opponents say
• This act is a proverbial ‘solution in search of a problem’ -- there is no evidence to indicate that a divergence in procedures and standards used by the FTC and DOJ has affected any mergers, or that the process has been unfair, and passing this act will be contrary to the interests of competition and consumers. - American Antitrust Institute
Proponents say
• This act will create efficiencies and guarantee fairness by ensuring proposed merger transactions [undergoing antitrust review] are reviewed under the same process regardless of whether the transaction happens to be reviewed by the Dept. of Justice or the Federal Trade Commission. - Bruce Josten, United States Chamber of Commerce
