I 
113TH CONGRESS 
2D SESSION 
H. R. 5402 
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. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 8, 2014 
Mr. FARENTHOLD introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Clayton Act and the Federal Trade Commis-
sion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Standard Merger and 
Acquisition Reviews Through Equal Rules Act of 2014’’. 
SEC. 2. AMENDMENTS TO THE CLAYTON ACT. 
The Clayton Act (15 U.S.C. 12 et seq.) is amended— 
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(1) in section 4F— 
(A) in the heading by inserting ‘‘OR THE 
FEDERAL TRADE COMMISSION’’ after ‘‘UNITED 
STATES’’, 
(B) in subsection (a)— 
(i) by inserting ‘‘(or the Federal 
Trade Commission with respect to a viola-
tion of section 7)’’ after ‘‘United States’’, 
and 
(ii) by inserting ‘‘(or it)’’ after ‘‘he’’ 
each place it appears, and 
(C) in subsection (b) by inserting ‘‘(or the 
Federal Trade Commission with respect to a 
violation of section 7)’’ after ‘‘United States’’, 
(2) in section 5— 
(A) in subsection (a) by inserting ‘‘(includ-
ing a proceeding brought by the Federal Trade 
Commission with respect to a violation of sec-
tion 7)’’ after ‘‘United States’’, 
(B) in subsection (b) by inserting ‘‘(includ-
ing the Federal Trade Commission with respect 
to a violation of section 7)’’ after ‘‘United 
States’’ each place it appears, 
(C) in subsection (c) by inserting ‘‘(includ-
ing the Federal Trade Commission with respect 
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to a violation of section 7)’’ after ‘‘United 
States’’ each place it appears, 
(D) in subsection (d) by inserting ‘‘(includ-
ing the Federal Trade Commission with respect 
to a violation of section 7)’’ after ‘‘United 
States’’ each place it appears, 
(E) in subsection (e)(1) by inserting ‘‘(in-
cluding the Federal Trade Commission with re-
spect to a violation of section 7)’’ after ‘‘United 
States’’, 
(F) in subsection (f)(4) by inserting ‘‘(in-
cluding the Federal Trade Commission with re-
spect to a violation of section 7)’’ after ‘‘United 
States’’, 
(G) in subsection (g)— 
(i) by inserting ‘‘(including the Fed-
eral Trade Commission with respect to a 
violation of section 7)’’ after ‘‘United 
States’’, 
(ii) by inserting ‘‘(or the Federal 
Trade Commission)’’ after ‘‘General’’, and 
(iii) by inserting ‘‘(or any officer or 
employee of the Federal Trade Commis-
sion)’’ after ‘‘Justice’’, and 
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(H) in subsection (i) by inserting ‘‘(includ-
ing the Federal Trade Commission with respect 
to a violation of section 7)’’ after ‘‘United 
States’’, 
(3) in section 11(a) by inserting ‘‘(excluding en-
forcing compliance with section 7)’’ after ‘‘com-
merce’’, 
(4) in section 13 by inserting ‘‘(including the 
Federal Trade Commission with respect to a viola-
tion of section 7)’’ after ‘‘United States’’ the 1st 
place it appears, and 
(5) in section 15 by inserting ‘‘and the duty of 
the Federal Trade Commission with respect to a vio-
lation of section 7,’’ after ‘‘General,’’. 
SEC. 3. AMENDMENTS TO THE FEDERAL TRADE COMMIS-
SION ACT. 
The Federal Trade Commission Act (15 U.S.C. 41) 
is amended— 
(1) in section 5(b)— 
(A) by inserting ‘‘(excluding the con-
summation of a proposed merger, acquisition, 
joint venture, or similar transaction subject to 
section 7 of the Clayton Act)’’ after ‘‘unfair 
method of competition’’, and 
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(B) by inserting ‘‘(excluding the con-
summation of a proposed merger, acquisition, 
joint venture, or similar transaction subject to 
section 7 of the Clayton Act)’’ after ‘‘method of 
competition’’ the 2d and 3d places it appears, 
(2) in section 9 by inserting after the 4th un-
designated paragraph the following: 
‘‘Upon the application of the commission with respect 
to any activity related to the consummation of a proposed 
merger, acquisition, joint venture, or similar transaction 
subject to section 7 of the Clayton Act that may result 
in any unfair method of competition, the district courts 
of the United States shall have jurisdiction to issue writs 
of mandamus commanding any person or corporation to 
comply with the provisions of this Act or any order of the 
commission made in pursuance thereof.’’, and 
(3) in section 13(b)(1) by inserting ‘‘(excluding 
section 7 of the Clayton Act and section 5(a)(1) with 
respect to the consummation of a proposed merger, 
acquisition, joint venture, or similar transaction sub-
ject to section 7 of the Clayton Act)’’ after ‘‘Com-
mission’’. 
SEC. 4. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this 
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Act shall take effect on the date of the enactment of this 
Act. 
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this Act shall not apply to any of the fol-
lowing that occurs before the date of enactment of this 
Act: 
(1) A violation of section 7 of the Clayton Act 
(15 U.S.C. 18). 
(2) A transaction with respect to which there is 
compliance with section 7A of the Clayton Act (15 
U.S.C. 18a). 
(3) A merger, acquisition, joint venture, or 
similar transaction that is consummated. 
Æ 
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