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A bill to reform the antitrust laws to better protect competition in the American economy, to amend the Clayton Act to modify the standard for an unlawful acquisition, to deter anticompetitive exclusionary conduct that harms competition and consumers, to enhance the ability of the Department of Justice and the Federal Trade Commission to enforce the antitrust laws, and for other purposes.
1/17/2025, 11:56 AM
Summary of Bill S 130
One of the key provisions of the bill is to enhance the enforcement capabilities of the Department of Justice and the Federal Trade Commission in enforcing antitrust laws. This includes providing these agencies with more resources and authority to investigate and prosecute violations of antitrust laws.
Overall, the goal of Bill 119 s 130 is to ensure that competition in the American economy is protected and that consumers are not harmed by anticompetitive practices. The bill aims to create a level playing field for businesses and prevent monopolies or unfair market practices that could stifle innovation and harm consumers.
Congressional Summary of S 130
Competition and Antitrust Law Enforcement Reform Act of 2025
This bill revises antitrust laws applicable to mergers and anticompetitive conduct.
Specifically, the bill applies a stricter standard for permissible mergers by prohibiting mergers that (1) create an appreciable risk of materially lessening competition, or (2) create a monopsony (i.e., where a single buyer or employer has sufficient market power to lower the price of goods or wages due to a lack of competition)
Additionally, for some large mergers or mergers that concentrate markets beyond a certain threshold, the bill shifts the burden of proof to the merging parties to prove that the merger does not violate the law.
The bill also prohibits exclusionary conduct that presents an appreciable risk of harming competition.
No predispute arbitration agreements or predispute joint-action waivers are valid or enforceable with respect to an antitrust dispute.
The bill also establishes monetary penalties for violations, requires annual reporting for certain mergers and acquisitions, establishes within the Federal Trade Commission (FTC) the Office of the Competition Advocate, and sets forth whistleblower protections.
The Government Accountability Office must report on (1) the success of merger remedies required by the Department of Justice or the FTC in recent consent decrees; and (2) the impact of mergers and acquisitions on wages, employment, innovation, and new business formation.
