Prohibiting Anticompetitive Mergers Act of 2022

Senate Bill 3847 - Prohibiting Anticompetitive Mergers Act of 2022: Overview, Status, and Impact

Hozzl · 2022-12-29T22:33:30Z

Explore the details of Senate Bill 3847 Prohibiting Anticompetitive Mergers Act of 2022 currently in Congress. Get insights into its purpose, current status, sponsors, and potential impact on Commerce. Stay informed on legislative developments.

12/29/2022, 10:33 PM

Congressional Summary of S 3847

Prohibiting Anticompetitive Mergers Act of 2022

This bill prohibits certain business mergers, modifies the procedures for reviewing mergers, and establishes procedures for reversing certain mergers.

Specifically, the bill prohibits mergers that (1) are valued at more than $5 billion in total assets, (2) result in the acquiring entity having a market share of greater than 33% (or a share of a labor market as an employer of greater than 25%), or (3) result in market concentration levels that exceed specified thresholds.

The bill also expands the authority of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) to review pending mergers, including whether a merger is likely to harm the competitive process and the effect of a merger on relevant labor markets.

Finally, the bill authorizes the FTC and the Antitrust Division of the DOJ to retroactively unwind mergers that are prohibited under the bill or that meet certain other anticompetitive criteria such as a merger that results in a greater than 50% share of a relevant market.

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Current Status of Bill S 3847

Bill S 3847 is currently in the status of Bill Introduced since March 16, 2022. Bill S 3847 was introduced during Congress 117 and was introduced to the Senate on March 16, 2022. Bill S 3847's most recent activity was Read twice and referred to the Committee on the Judiciary. as of March 16, 2022

Bipartisan Support of Bill S 3847

Total Number of Sponsors

Democrat Sponsors

Republican Sponsors

Unaffiliated Sponsors

Total Number of Cosponsors

Democrat Cosponsors

Republican Cosponsors

Unaffiliated Cosponsors

Policy Area and Potential Impact of Bill S 3847

Primary Policy Focus

Commerce

Potential Impact Areas

- Administrative law and regulatory procedures

- Appropriations

- Civil actions and liability

- Competition and antitrust

- Consumer affairs

- Corporate finance and management

- Department of Justice

- District of Columbia

- Executive agency funding and structure

- Federal Trade Commission (FTC)

- Federal appellate courts

- Federal district courts

- Judicial review and appeals

- Minority and disadvantaged businesses

- Poverty and welfare assistance

- Right of privacy

- State and local government operations

- Supreme Court

Alternate Title(s) of Bill S 3847

Prohibiting Anticompetitive Mergers Act of 2022

A bill to prohibit certain anticompetitive mergers, to amend the Clayton Act to permit the Federal Trade Commission and the Department of Justice to reject proposed acquisitions, to implement procedures for retrospective reviews and breaking up anticompetitive consummated acquisitions, and for other purposes.