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Tougher Antitrust Enforcement: Streamlining Agencies and Protecting Consumers

This act aims to strengthen antitrust enforcement by transferring antitrust enforcement functions from the Federal Trade Commission to the Department of Justice. It introduces new legal presumptions regarding mergers, adjusts premerger filing fees, and authorizes the Department of Justice to seek damages on behalf of consumers. The changes are intended to foster market competition and protect citizens from practices that restrain trade.
Key points
Antitrust enforcement functions will be transferred from the Federal Trade Commission to the Department of Justice.
Premerger filing fees will be adjusted, including higher rates for transactions valued over $1 billion.
The Department of Justice will be authorized to seek damages on behalf of persons injured by Sherman Act violations, and courts may award prejudgment interest.
Legal presumptions will be introduced stating that a merger may substantially lessen competition if the combined firm would have a market share exceeding 33% or 66% under specific conditions.
The act establishes an antitrust immunity framework for state occupational licensing boards subject to active state or judicial supervision.
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Additional Information
Print number: 117_S_2039
Sponsor: Sen. Lee, Mike [R-UT]
Process start date: 2021-06-14