IB 
Union Calendar No. 304 
115TH CONGRESS 
1ST SESSION 
H. R. 659 
[Report No. 115–412] 
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 
JANUARY 24, 2017 
Mr. FARENTHOLD (for himself, Mr. GOODLATTE, Mr. MARINO, Mr. BUCSHON, 
Mr. COLLINS of Georgia, and Mr. MESSER) introduced the following bill; 
which was referred to the Committee on the Judiciary 
NOVEMBER 15, 2017 
Additional sponsors: Mr. PETERSON and Mr. PETERS 
NOVEMBER 15, 2017 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
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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. 
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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 2017’’. 
SEC. 2. AMENDMENTS TO THE CLAYTON ACT. 
The Clayton Act (15 U.S.C. 12 et seq.) is amended— 
(1) by striking section 4F and inserting the fol-
lowing: 
‘‘SEC. 4F. ACTIONS BY ATTORNEY GENERAL OF THE 
UNITED STATES OR THE FEDERAL TRADE 
COMMISSION. 
‘‘(a) Whenever the Attorney General of the United 
States has brought an action under the antitrust laws or 
the Federal Trade Commission has brought an action 
under section 7, and the Attorney General or Federal 
Trade Commission, as applicable, has reason to believe 
that any State attorney general would be entitled to bring 
an action under this Act based substantially on the same 
alleged violation of the antitrust laws or section 7, the At-
torney General or Federal Trade Commission, as applica-
ble, shall promptly give written notification thereof to such 
State attorney general. 
‘‘(b) To assist a State attorney general in evaluating 
the notice described in subsection (a) or in bringing any 
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action under this Act, the Attorney General of the United 
States or Federal Trade Commission, as applicable, shall, 
upon request by such State attorney general, make avail-
able 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 under this Act.’’; 
(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 under the anti-
trust laws’’; and 
(B) in subsection (i) by inserting ‘‘(includ-
ing a proceeding instituted by the Federal 
Trade Commission with respect to a violation of 
section 7)’’ after ‘‘antitrust laws’’; 
(3) in section 11, by adding at the end the fol-
lowing: 
‘‘(m)(1) Except as provided in paragraph (2), in en-
forcing compliance with section 7, the Federal Trade Com-
mission shall enforce compliance with that section in the 
same manner as the Attorney General in accordance with 
section 15. 
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‘‘(2) If the Federal Trade Commission approves an 
agreement with the parties to the transaction that con-
tains a consent order with respect to a violation of section 
7, the Commission shall enforce compliance with that sec-
tion in accordance with this section.’’; 
(4) in section 13, by inserting ‘‘(including a 
suit, action, or proceeding brought by the Federal 
Trade Commission with respect to a violation of sec-
tion 7)’’ before ‘‘subpoenas’’; 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), by inserting ‘‘(excluding the 
consummation of a proposed merger, acquisition, 
joint venture, or similar transaction that is subject 
to section 7 of the Clayton Act (15 U.S.C. 18), ex-
cept in cases where the Commission approves an 
agreement with the parties to the transaction that 
contains a consent order)’’ after ‘‘unfair method of 
competition’’; 
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(2) in section 9, by inserting after the fourth 
undesignated 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 
that is subject to section 7 of the Clayton Act (15 U.S.C. 
18) that may result in any unfair method of competition, 
the district courts of the United States shall have jurisdic-
tion 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 there-
of.’’; 
(3) in section 13(b)(1), by inserting ‘‘(excluding 
section 7 of the Clayton Act (15 U.S.C. 18) and sec-
tion 5(a)(1) with respect to the consummation of a 
proposed merger, acquisition, joint venture, or simi-
lar transaction that is subject to section 7 of the 
Clayton Act (15 U.S.C. 18))’’ after ‘‘Commission’’; 
and 
(4) in section 20(c)(1), by inserting ‘‘or under 
section 7 of the Clayton Act (15 U.S.C. 18), where 
applicable,’’ after ‘‘Act,’’. 
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 case in which a preliminary injunction 
has been filed in a district court of the United 
States. 
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Union Calendar No. 304 
115TH CONGRESS 
1ST SESSION 
H. R. 659 
[Report No. 115–412] 
A BILL 
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. 
NOVEMBER 15, 2017 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
22:58 Nov 15, 2017
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