Sec. 5. Post-proceeding data
396 words·~2 min read·
/bill/118/s/4308/is/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 7A of the Clayton Act ( 15 U.S.C. 18a ) is amended by adding at the end the following: Each person who resolves a proceeding brought under the antitrust laws by the Federal Trade Commission or United States by entering into an agreement or by the final judgment in a Federal or administrative court regarding an acquisition with respect to which notification is required under this section shall, on an annual basis during the 5-year period beginning on the date on which the agreement is entered into, file with the Federal Trade Commission or the Assistant Attorney General, as applicable, and the Competition Advocate, information sufficient for the Federal Trade Commission or the United States, as applicable, to assess the competitive impact of the acquisition, including— the pricing, availability, and quality of any product or service, or inputs thereto, in any market, that was covered by the agreement; the source, and the resulting magnitude and extent, of any cost-saving efficiencies or any benefits to consumers or trading partners that were claimed as a benefit of the acquisition and the extent to which any cost savings were passed on to consumers or trading partners; and the effectiveness of any divestitures or any conditions placed on the acquisition in fully restoring competition.
The requirement to provide the information described in paragraph
(1)shall be included in an agreement described in that paragraph. The Federal Trade Commission, with the concurrence of the Assistant Attorney General, by rule in accordance with section 553 of title 5, United States Code, and consistent with the purposes of this section— shall require that the information described in paragraph
(1)be in such form and contain such documentary material and information relevant to an acquisition as is necessary and appropriate to enable the Federal Trade Commission and the Assistant Attorney General to assess the competitive impact of the acquisition under paragraph (1); and may— define the terms used in this subsection; exempt, from the requirements of this section, information not relevant in assessing the competitive impact of the acquisition under paragraph (1); and prescribe such other rules as may be necessary and appropriate to carry out the purposes of this section. . The chief executive officer, chief financial officer, general counsel, or a corporate officer of similar authority shall certify, under penalty of perjury, the accuracy of a report under this subsection. .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 5
Post-proceeding data
Cites 1Cited by 0 across 0 sources