Sec. 5. Additional enforcement by state attorneys general
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/bill/117/s/3847/is/section-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No later than 60 days after the end of the waiting period, a State attorney general of a State that would be impacted by an acquisition filed under section 7A of the Clayton Act ( 15 U.S.C. 18a ) may bring an action under this paragraph in the appropriate district court of the United States to obtain an injunction enjoining the consummation of the acquisition. The court shall grant the injunction described in paragraph
(1)if the State attorney general demonstrates by a preponderance of the evidence that under section 7A of the Clayton Act ( 15 U.S.C. 18a )— the acquisition is a prohibited merger; the acquisition is likely to harm the competitive process or create or help maintain a monopoly, a monopsony, market power, or unfair methods of competition; or during the waiting period or during the 10-year period ending on the date on which notification under subsection
(a)is filed, a party to the acquisition engaged in any disqualifying behavior. The State attorney general may use any direct or indirect evidence to demonstrate that an acquisition is likely to harm the competitive process, including, but not limited to, the harms described in section 7A of the Clayton Act ( 15 U.S.C. 18a ). The court may not offset any anticompetitive harms demonstrated under paragraph
(2)or
(3)with any procompetitive benefits. The court shall give deference to any definition of a relevant market or market share alleged by the State attorney general. The court shall stay all judicial proceedings under this section regarding an acquisition filed under section 7A of the Clayton Act ( 15 U.S.C. 18a ) until the end of the waiting period. The stay shall be lifted at the end of the waiting period if the Federal Trade Commission or the Assistant Attorney General declines to reject the acquisition. The court shall dismiss with prejudice any claims filed under paragraph
(1)if the Federal Trade Commission or the Assistant Attorney General rejects the acquisition. The court shall issue an injunction temporarily enjoining the consummation of the acquisition during the judicial proceedings under this section. A State attorney general of a State that would be impacted by a prospective nonreportable acquisition may bring an action (which shall be subject to the procedures described in paragraph (a)) under this paragraph in the appropriate district court of the United States to obtain an injunction enjoining the consummation of the acquisition.
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Sec. 5
Additional enforcement by state attorneys general
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