US Congress House Bill 2745 (Prior Session Legislation)

---

Spectrum: Partisan Bill (Republican 6-0)
Status: Engrossed on April 4 2016 - 50% progression, died in committee
Action: 2016-04-04 - Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Pending: Senate Judiciary Committee
Text: Latest bill text (Engrossed) [PDF]

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015 (Sec. 2) This bill amends the Clayton Act with respect to notice to a state by the Department of Justice (DOJ) about federal actions brought for violations of antitrust laws. Currently DOJ must: notify a state attorney general about an antitrust action regarding which DOJ has reason to believe that the state attorney general would also be entitled to bring an action based substantially on the same alleged violation of the antitrust laws; and upon request make available to the state attorney general, to the extent permitted by law, any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action. The Federal Trade Commission (FTC) shall exercise the same authority and procedures as DOJ under the Clayton Act if the FTC has brought an action under Section 7 of the same Act with respect to the prohibition against acquisition by one corporation of the stock of another (merger) that may substantially lessen competition or tend to create a monopoly. Also in cases brought by the FTC that result in final judgments against a defendant, those judgments shall be prima facie evidence of antitrust violations under substantially similar facts in actions brought brought by other parties. The statute of limitations shall be tolled during a proceeding brought by the FTC under Section 7, and for one year thereafter, for any private and state rights of action based on the conduct in question during the proceeding. The FTC shall enforce compliance with section 7 in the same manner as DOJ in acting to prevent or restrain antitrust violations. The FTC shall enforce a consent order, however, in the same manner it does already. (Sec. 3) The Federal Trade Commission Act (FTCA) is amended to exclude proposed mergers, acquisitions, joint ventures, or similar transactions from ordinary FTC proceedings, except in cases where the FTC approves an agreement with the parties to the transaction that contains a consent order. U.S. district courts shall have jurisdiction to issue writs of mandamus commanding compliance with the FTCA or any FTC order, if the FTC applies to such courts with respect to any activity related to consummation of a merger, acquisition, joint venture, or similar transaction that may result in an unfair method of competition.

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

Rep. Blake Farenthold [R-TX]	Rep. Bob Goodlatte [R-VA]	Rep. Tom Marino [R-PA]	Rep. Doug Collins [R-GA]
Rep. Luke Messer [R-IN]	Rep. Larry Bucshon [R-IN]

2016-03-23 - House - On Passage (Y: 235 N: 171 NV: 27 Abs: 0) [PASS]
2016-03-23 - House - On Motion to Recommit with Instructions (Y: 174 N: 235 NV: 24 Abs: 0) [FAIL]

Date	Chamber	Action
2016-04-04	Senate	Received in the Senate and Read twice and referred to the Committee on the Judiciary.
2016-03-23	House	Motion to reconsider laid on the table Agreed to without objection.
2016-03-23	House	On passage Passed by recorded vote: 235 - 171 (Roll no. 137). (text: CR H1560-1561)
2016-03-23	House	On motion to recommit with instructions Failed by the Yeas and Nays: 174 - 235 (Roll no. 136). (consideration: CR H1568)
2016-03-23	House	The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1568)
2016-03-23	House	DEBATE - The House proceeded with ten minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit mergers that would increase the costs of pharmaceutical drugs.
2016-03-23	House	Mr. Doggett moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H1567-1568; text: CR H1567)
2016-03-23	House	The previous question was ordered pursuant to the rule. (consideration: CR H1567)
2016-03-23	House	DEBATE - The House proceeded with one hour of debate on H.R. 2745.
2016-03-23	House	Rule provides for consideration of H.R. 2745 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. On any legislative day during the period from March 24, 2016, through April 11, 2016, the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the house adjourned to meet at a date and time, within the limits of clause 4, section 5, of article I of the Constitution, to be announced by the Chair in declaring the adjournment.
2016-03-23	House	Considered under the provisions of rule H. Res. 653. (consideration: CR H1560-1569)
2016-03-22	House	Rule H. Res. 653 passed House.
2016-03-21	House	Rules Committee Resolution H. Res. 653 Reported to House. Rule provides for consideration of H.R. 2745 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments. On any legislative day during the period from March 24, 2016, through April 11, 2016, the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the house adjourned to meet at a date and time, within the limits of clause 4, section 5, of article I of the Constitution, to be announced by the Chair in declaring the adjournment.
2016-03-14	House	Placed on the Union Calendar, Calendar No. 344.
2016-03-14	House	Reported by the Committee on Judiciary. H. Rept. 114-449.
2015-09-30	House	Ordered to be Reported by the Yeas and Nays: 18 - 10.
2015-09-30	House	Committee Consideration and Mark-up Session Held.
2015-09-29	House	Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.
2015-07-01	House	Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.
2015-06-12	House	Referred to the House Committee on the Judiciary.
2015-06-12	House	Introduced in House

SB2102 (Same As) 2016-03-09 - Committee on the Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights. Hearings held.
HR653 (Related) 2016-03-22 - Motion to reconsider laid on the table Agreed to without objection.

Type	Source
Summary	https://www.congress.gov/bill/114th-congress/house-bill/2745/all-info
Text	https://www.congress.gov/114/bills/hr2745/BILLS-114hr2745ih.pdf
Text	https://www.congress.gov/114/bills/hr2745/BILLS-114hr2745rh.pdf
Text	https://www.congress.gov/114/bills/hr2745/BILLS-114hr2745eh.pdf
Roll Call	https://clerk.house.gov/Votes/2016136
Roll Call	https://clerk.house.gov/Votes/2016137