Sec. 2. Monitoring of consummated mergers
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In this section: The term antitrust laws means the Sherman Act ( 15 U.S.C. 1 et seq. ), the Clayton Act ( 15 U.S.C. 12 et seq. ), including the amendments made by this Act, and the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). The term covered merger means a merger— that is subject to premerger notification and waiting period requirements under section 7A of the Clayton Act ( 15 U.S.C. 18a ); and with respect to which the Federal Trade Commission or the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice has initiated an investigation.
The term person has the meaning given that term in section 8 of the Sherman Act ( 15 U.S.C. 7 ). The Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice shall regularly monitor and evaluate each covered merger following the consummation of the covered merger to determine whether— the covered merger has substantially lessened competition or has tended to create a monopoly or has reduced worker bargaining power; or the acquiring person or merged person has otherwise violated antitrust laws.
Evidence of a violation described in subsection
(b)may include the use by the acquiring person or merged person of market power that was achieved or acquired as a result of the covered merger or an increased ability of the acquiring person or merged person to coordinate among rivals— to charge higher prices for the goods or services of the acquiring person or merged person; to reduce the quality of the products of the acquiring person or merged person; and to degrade working conditions, including by— reducing wages; closing facilities; eliminating jobs of individuals who are covered by a collective bargaining agreement; moving domestic jobs to a foreign country with lower standards for working conditions; or engaging in any action that would be an unfair labor practice under section 8(a) of the National Labor Relations Act ( 29 U.S.C. 158(a) ). If the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice have reason to believe that a covered merger has substantially lessened competition, has tended to create a monopoly, or that a person has engaged in a violation of antitrust laws under subsection (b), the Federal Trade Commission or the Assistant Attorney General shall require the relevant person to submit additional documents and information, as determined by the Federal Trade Commission and the Assistant Attorney General, to evaluate whether the person violated the antitrust laws.
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