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1 bill on this topic
“Companies trying to avoid required breakup or separation should have to prove in federal court that the merger meets concentration limits, matches what regulators were told about prices, quality, output, and jobs, satisfied earlier approval conditions, and was not tied to certain free legal work by deal lawyers.”
1 bill on this topic
“When enforcers find a reasonable basis that a listed problem affected a past merger review, the agency should have to order breakup of the affected assets, give companies 180 days to divest or challenge the order in court, and use an independent seller if the deadline is missed?”
1 bill on this topic
“Federal agencies and state attorneys general should have two years to recheck covered-period mergers when the original review may have involved crimes, filing violations, conflicts, false statements, staff warnings, secret contacts, foreign influence, or an unfinished investigation.”
1 bill on this topic
“Companies in covered mergers worth at least $10 billion should have to undo already completed deals or keep newly closed deals separate unless they win an exemption in federal court.”
1 bill on this topic
“Courts in covered merger cases should be able to define the market without always requiring expert witnesses or direct price and output evidence, and should accept plausible smaller markets supported by industry, customer, public, or agency signs.”
1 bill on this topic
“Companies, lawyers, lobbyists, and other advisers should have to keep merger-related communications with federal officials, including emails, texts, oral communication records, and disappearing messages, and courts should penalize missing required records.”
1 bill on this topic
“Companies that knowingly violate merger breakup orders should face large civil penalties, CEOs and board members should be personally fined for knowing violations, and companies should pay triple the benefit they gained from delaying required divestiture.”
1 bill on this topic
“Private parties should have 10 years, instead of 4, to file antitrust damages lawsuits under the Clayton Act.”
1 bill on this topic
“If a court strikes down one part of the merger rules as unconstitutional, other valid parts should still be able to remain in effect.”
1 bill on this topic
“The Attorney General should have to appoint a special counsel when there is probable cause that certain federal crimes happened during the review or approval of a covered merger.”
1 bill on this topic
“State attorneys general should be able to join federal court cases about covered merger rules and request preserved merger communications and records.”
1 bill on this topic
“Courts should usually restore competition in covered merger cases by selling assets, dissolving parts of a company, or undoing the deal, and should use money-based or behavior-based fixes only when breakup cannot work or would not be enough.”
1 bill on this topic
“Mergers and acquisitions made from January 20, 2025, through January 19, 2029, should be the ones that can face the special review, recordkeeping, breakup, separation, exemption, and court-remedy system.”
1 bill on this topic
“Mergers and acquisitions made during the covered period should be placed in the strictest antitrust category when the deal is worth at least $10 billion.”
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