HR-5645 : Still Just a Bill

Standard Merger and Acquisition Reviews Through Equal Rules Act of 2018

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.

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 such 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.

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.

Action Timeline

Action DateTypeTextSource
2018-05-10IntroReferralReceived in the Senate and Read twice and referred to the Committee on the Judiciary.Senate
2018-05-09FloorMotion to reconsider laid on the table Agreed to without objection.House floor actions
2018-05-09VoteOn passage Passed by the Yeas and Nays: 230 - 185 (Roll no. 177).House floor actions
2018-05-09VoteOn motion to recommit with instructions Failed by the Yeas and Nays: 193 - 220 (Roll no. 176).House floor actions
2018-05-09FloorConsidered as unfinished business. (consideration: CR H3865-3866)House floor actions
2018-05-09FloorPOSTPONED PROCEEDINGS - At the conclusion of debate on the Doggett motion to recommit with instructions, the Chair put the question on adoption of the motion and by voice vote announced that the noes had prevailed. Mr. Doggett demanded the yeas and nays, and the Chair postponed further proceedings on the question of adoption until later in the legislative day.House floor actions
2018-05-09FloorThe previous question on the motion to recommit with instructions was ordered without objection.House floor actions
2018-05-09FloorFloor summary: DEBATE - The House proceeded with 10 minutes of debate on the Doggett motion to recommit. The instructions contained in the motion seek to report the bill back to the House forthwith with an amendment to add a section relating to protecting consumers against high prescription drug costs.House floor actions
2018-05-09FloorMr. Doggett moved to recommit with instructions to the Committee on the Judiciary. (text: CR H3857)House floor actions
2018-05-09FloorDEBATE - Pursuant to the provisions of H. Res. 872, the House proceeded with 10 minutes of debate on the Goodlatte amendment No. 1.House floor actions
2018-05-09FloorDEBATE - The House proceeded with one hour of debate on H.R. 5645.House floor actions
2018-05-09FloorORDER OF PROCEDURE - Mr. Goodlattte asked unanimous consent that the question of adopting the amendment to H.R. 5645 may be subject to postponement as though under clause 8 of rule 20. Agreed to without objection.House floor actions
2018-05-09FloorRule provides for consideration of H.R. 5645, H.R. 2152 and S.J. Res. 57. Rule provides for consideration of H.R. 5645 under a structured rule, with one motion to recommit with or without instructions. Rule provides for consideration of H.R. 2152 under a closed rule, with one motion to recommit with or without instructions. Rule also provides for consideration of S.J. Res. 57 under a closed rule with one motion to commit.House floor actions
2018-05-09FloorConsidered under the provisions of rule H. Res. 872. (consideration: CR H5645; text of measure as reported in House: CR H3851)House floor actions
2018-05-07FloorRules Committee Resolution H. Res. 872 Reported to House. Rule provides for consideration of H.R. 5645, H.R. 2152 and S.J. Res. 57. Rule provides for consideration of H.R. 5645 under a structured rule, with one motion to recommit with or without instructions. Rule provides for consideration of H.R. 2152 under a closed rule, with one motion to recommit with or without instructions. Rule also provides for consideration of S.J. Res. 57 under a closed rule with one motion to commit.House floor actions
2018-04-27CommitteeReferred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.House committee actions
2018-04-27IntroReferralReferred to the House Committee on the Judiciary.House floor actions
2018-04-27IntroReferralIntroduced in HouseLibrary of Congress

Policy Area :

Commerce
See Subjects
  • Competition and antitrust
  • Corporate finance and management
  • Federal district courts
  • Jurisdiction and venue
  • Securities

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