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house Bill H.R. 5645

Will Standardized Anti-Trust Laws Help Prevent Private Sector Monopolies?

Argument in favor

The Federal Trade Commission and Dept. of Justice will be more effective at reviewing proposed mergers and acquisitions for antitrust violations if they use the same procedures with similar standards.

Charmaine's Opinion
···
05/09/2018
As long as the standards are updated, then yes. We need to modernize our antitrust laws, as well as work to keep them modern.
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Paul's Opinion
···
05/09/2018
We need to minimize Winner-Take-All Capitalism and again promote an atmosphere where entrepreneurial capitalism is allowed to flourish.
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Jaycin's Opinion
···
05/09/2018
Because they will establish a baseline, on what is acceptable Buisness practices with respect for competition and fairness.
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Argument opposed

There’s no need to standardize procedures used by the FTC and DOJ in reviews to determine if a merger or acquisition weakens competition or creates a monopoly.

Nona's Opinion
···
05/09/2018
The FTC and DOJ are assigned different areas of responsibility based on their missions; it makes sense that the standards each uses would also be different. I am sure there are areas which do overlap and where harmonization is appropriate and desirable, but given the separate scope of oversight, some diversity should be expected. While police, fire, and paramedic services are all charged with protecting public safety, the focus of each necessarily differs and applying identical rules would hinder their duties. Publicizing and consistently enforcing the respective standards is a better approach, and leaves more room for updates when new developments or strategies by businesses emerge as a response to the existing regulations. Harmonize where possible, but don’t handcuff by requiring exact alignment.
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KansasTamale's Opinion
···
05/09/2018
My question is : WHAT HAPPENED to the ANTI-TRUST laws that Teddy Roosevelt got pushed thru and then again when in 1984 there were more monopoly laws that broke up Ma Bell into lots of Baby Bells?? Now AT & T is a monopoly and paid millions of dollars to Cohen’s slush fund LLC. Our country is FULL of monopolies and it’s getting worse. In the 1970s there were 350 carpet manufacturers in this country and today there are less than 6 because the others were bought up or run out of business. MONOPOLIES ARE PART OF THE TEASON WHY MANUFACTURING HAS STALLED also. Look at the drug companies. Costs are prohibitive because they have been sucked up by other companies
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I.Got.an.Idea...'s Opinion
···
05/09/2018
How about utilizing the Department of Ethics to enforce the policies already in place and to address new issues that may require attention to protect the citizens from corrupt or unethical business practices, as well as to protect the citizens from Government agencies and specific agents seeking to perform unethical acts for their person benefits.
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What is House Bill H.R. 5645?

This bill — known as the SMARTER Act — would standardize procedures used by the Federal Trade Commission (FTC) and the Dept. of Justice (DOJ) when reviewing proposed mergers or acquisitions that may lessen competition or lead to monopolies. Both agencies are responsible for enforcing anti-trust laws, but the way exercise the authority under current law is different.

Specifically, the bill would harmonize the standard the FTC and DOJ must meet before a federal court can issue a preliminary injunction against a proposed merger or acquisition. It’d also direct the FTC to resolve contested mergers or acquisitions through a federal court rather than through administrative litigation.

The bill’s full title is the Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018.

Impact

Businesses involved in a proposed merger or acquisition; the Federal Trade Commission; and the Dept. of Justice.

Cost of House Bill H.R. 5645

A CBO cost estimate is unavailable.

More Information

In-Depth: This legislation was introduced by Rep. Karen Handel (R-GA) to standardize enforcement procedures for anti-trust laws between the FTC and DOJ, as members of the Judiciary Committee explained about its predecessor in the last Congress:

“Under existing law, the rules for reviewing a merger or acquisition differ depending on whether the FTC or the Justice  Department reviews the merger… One of the responsibilities of the Judiciary Committee is to ensure fairness and consistency in the enforcement of our nation’s antitrust laws. We plan to soon reintroduce the SMARTER Act to permanently reduce the disparities in the merger review process and ensure that companies face the same standards and processes regardless of whether the FTC or Justice Department reviews the merger.”

This legislation has the support of seven bipartisan cosponsors, including five Republicans and two Democrats. During the last session of Congress the House passed an identical version of this bill on a 235-171 vote.


Media:

Summary by Eric Revell

(Photo Credit: Flickr user Christopher Dombres / Creative Commons)

AKA

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018

Official Title

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.

bill Progress

  • Not enacted
    The President has not signed this bill
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
  • The house Passed May 9th, 2018
    Roll Call Vote 230 Yea / 185 Nay
      house Committees
      Committee on the Judiciary
      Antitrust, Commercial and Administrative Law
    IntroducedApril 27th, 2018
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    Charmaine's Opinion In Favor
    ···
    05/09/2018
    As long as the standards are updated, then yes. We need to modernize our antitrust laws, as well as work to keep them modern.
    Like (20)
    Follow
    Share
    Nona's Opinion Against
    ···
    05/09/2018
    The FTC and DOJ are assigned different areas of responsibility based on their missions; it makes sense that the standards each uses would also be different. I am sure there are areas which do overlap and where harmonization is appropriate and desirable, but given the separate scope of oversight, some diversity should be expected. While police, fire, and paramedic services are all charged with protecting public safety, the focus of each necessarily differs and applying identical rules would hinder their duties. Publicizing and consistently enforcing the respective standards is a better approach, and leaves more room for updates when new developments or strategies by businesses emerge as a response to the existing regulations. Harmonize where possible, but don’t handcuff by requiring exact alignment.
    Like (48)
    Follow
    Share
    KansasTamale's Opinion Against
    ···
    05/09/2018
    My question is : WHAT HAPPENED to the ANTI-TRUST laws that Teddy Roosevelt got pushed thru and then again when in 1984 there were more monopoly laws that broke up Ma Bell into lots of Baby Bells?? Now AT & T is a monopoly and paid millions of dollars to Cohen’s slush fund LLC. Our country is FULL of monopolies and it’s getting worse. In the 1970s there were 350 carpet manufacturers in this country and today there are less than 6 because the others were bought up or run out of business. MONOPOLIES ARE PART OF THE TEASON WHY MANUFACTURING HAS STALLED also. Look at the drug companies. Costs are prohibitive because they have been sucked up by other companies
    Like (38)
    Follow
    Share
    I.Got.an.Idea...'s Opinion Against
    ···
    05/09/2018
    How about utilizing the Department of Ethics to enforce the policies already in place and to address new issues that may require attention to protect the citizens from corrupt or unethical business practices, as well as to protect the citizens from Government agencies and specific agents seeking to perform unethical acts for their person benefits.
    Like (35)
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    Jodi's Opinion Against
    ···
    05/09/2018
    The bodies need to be independant, not a monopoly regulating monopolies.
    Like (11)
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    Adam's Opinion Against
    ···
    05/09/2018
    It doesn't give enough information, so I'm going to have to say no
    Like (11)
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    Raymond's Opinion Against
    ···
    05/09/2018
    Anytime I see a bill sponsored by a Republican I wonder what the motives are. Seems to me there just trying to make more money for the monopoly instead of trying to keep small business in business!
    Like (10)
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    Jaycin's Opinion In Favor
    ···
    05/09/2018
    Because they will establish a baseline, on what is acceptable Buisness practices with respect for competition and fairness.
    Like (10)
    Follow
    Share
    Paul's Opinion In Favor
    ···
    05/09/2018
    We need to minimize Winner-Take-All Capitalism and again promote an atmosphere where entrepreneurial capitalism is allowed to flourish.
    Like (10)
    Follow
    Share
    Leon's Opinion Against
    ···
    05/09/2018
    No, the government isn’t good at NOT creating monopolies- just consider what’s happened to media, utilities, and healthcare.
    Like (5)
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    Pat's Opinion In Favor
    ···
    05/09/2018
    If we had better anti trust laws maybe we wouldn’t have monopolies! We would have more open competition. We also would have real news and not companies like Comcast and Sinclair dictating what is reported.
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    SneakyPete's Public Comment
    ···
    05/08/2018
    I support the passage of the SMARTER Act — which would standardize procedures used by the Federal Trade Commission (FTC) and the Dept. of Justice (DOJ) when reviewing proposed mergers or acquisitions that may lessen competition or lead to monopolies. Both agencies are responsible for enforcing anti-trust laws, but the way exercise the authority under current law is different. The Federal Trade Commission and Dept. of Justice will be more effective at reviewing proposed mergers and acquisitions for antitrust violations if they use the same procedures with similar standards. 5*8*28....
    Like (3)
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    Pat's Opinion In Favor
    ···
    05/09/2018
    Fairness and consistency would be a valuable and rare thing under this administration.
    Like (3)
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    Pepper's Opinion Against
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    05/07/2018
    Because the purpose of the bill is to reduce the government’s ability to identify and respond to businesses attempting to monopolize markets, which is deemed illegal by the U.S. Constitution. It is necessary because as time passes, people (and therefore entities) get smarter about how to break rules. https://business-law.freeadvice.com/business-law/trade_regulation/anti_trust_act.htm Greed is a natural inclination. Rules are put in place to help people and entities from harming others. They level the playing field and keep is collectively aligned with the spirit and goals of the nation.
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    Gfeiste's Opinion Against
    ···
    05/09/2018
    The two agencies mentioned have differing responsibilities. Standardize those areas that are common and leave those that are not distinct.
    Like (3)
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    John's Opinion Against
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    05/09/2018
    Each agency has it’s own areas/interests to monitor. Two sets of eyes are better than one.
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    J's Opinion Against
    ···
    05/09/2018
    SMART Rusky Republicans turn their backs on 100 years of reform as started by a Republican President, Teddy Roosevelt. I guess they want to revisit their 100 year anniversary, the Bolshevik Revolution.
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    Diane's Opinion Against
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    05/10/2018
    If the House passed this bill, it will solely benefit the corporations at the expense of hard-working American citizens. Yes-I distrust the party in power 100%!
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    Mart's Opinion Against
    ···
    05/09/2018
    Eliminate all anti-trust laws, which are merely tools of big corporations to keep out competition and efficiencies!
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    Isadora's Opinion Against
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    05/09/2018
    Having different proceedures for review ensures that a potential issue is less likely to be missed. We need agencies to look at mergers from different angles to determine if they could be bad for the public.
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