United States 114th Congress Status: Died 1 R cosponsors

HR 2745 — Standard Merger and Acquisition Reviews Through Equal Rules Act of 2015

Last action — Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

We don't have the full text on file for this bill yet.

Read HR 2745 on the official United States source →

Action History

  1. Received in the Senate and Read twice and referred to the Committee on the Judiciary.

  2. Motion to reconsider laid on the table Agreed to without objection.

  3. On passage Passed by recorded vote: 235 - 171 (Roll no. 137). (text: CR H1560-1561)

  4. On motion to recommit with instructions Failed by the Yeas and Nays: 174 - 235 (Roll no. 136). (consideration: CR H1568)

  5. The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1568)

  6. 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.

  7. Mr. Doggett moved to recommit with instructions to the Committee on the Judiciary. (consideration: CR H1567-1568; text: CR H1567)

  8. The previous question was ordered pursuant to the rule. (consideration: CR H1567)

  9. DEBATE - The House proceeded with one hour of debate on H.R. 2745.

  10. 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.

  11. Considered under the provisions of rule H. Res. 653. (consideration: CR H1560-1569)

  12. Rule H. Res. 653 passed House.

  13. 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.

  14. Placed on the Union Calendar, Calendar No. 344.

  15. Reported by the Committee on Judiciary. H. Rept. 114-449.

  16. Ordered to be Reported by the Yeas and Nays: 18 - 10.

  17. Committee Consideration and Mark-up Session Held.

  18. Subcommittee on Regulatory Reform, Commercial And Antitrust Law Discharged.

  19. Referred to the Subcommittee on Regulatory Reform, Commercial And Antitrust Law.

  20. Referred to the House Committee on the Judiciary.

  21. Introduced in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Competition and antitrust Corporate finance and management Federal district courts Jurisdiction and venue Securities Commerce
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HR 2745 do?
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.
Who sponsors HR 2745?
HR 2745 is sponsored by Blake Farenthold (R).
What is the current status of HR 2745?
This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HR 2745?
Track HR 2745 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HR 2745

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HR 2745

Last checked for changes about 7 hours ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →