Klobuchar Unveils Bill to Strengthen Court Oversight of Antitrust Settlements

The proposed measure, titled the Antitrust Accountability and Transparency Act, would expand the role of courts in reviewing settlements by granting judges additional time and requiring greater disclosure from federal regulators. It would also allow state attorneys general to take part in the judicial review process, according to the Hill.

Klobuchar said the legislation is intended to ensure that enforcement actions truly serve the public interest. “When the government prosecutes antitrust violations, the goal should be to uphold the law, lower prices, and protect consumers and small businesses,” she said in a statement. She added that the DOJ’s recent settlement raised concerns about whether those goals were fully met, per the Hill.

The bill has backing from several Democratic senators and is paired with companion legislation in the House introduced by Rep. Jamie Raskin (D-Md.). It comes shortly after the DOJ reached a settlement with Live Nation, the parent company of Ticketmaster, resolving a case that accused the company of limiting competition in the live entertainment market.

The agreement, announced while the case was already in trial, includes provisions requiring Live Nation to end certain exclusive booking arrangements, allocate half of its tickets to independent promoters, and limit ticketing fees to 15 percent. Federal officials defended the decision, saying that while they believed they could prevail in court, a prolonged legal battle could delay relief for consumers, per the Hill.

However, the settlement drew swift criticism. A coalition of 27 state attorneys general signaled plans to continue pursuing the case independently, while several Democratic lawmakers questioned both the timing and effectiveness of the agreement. The concerns were amplified by the recent departure of DOJ antitrust chief Gail Slater, according to the Hill.

Klobuchar’s legislation seeks to address these issues by mandating that the government disclose more details about how settlements resolve alleged antitrust violations. This would include information about prior offers, side agreements, and communications related to negotiations.

The bill would also give courts a 90-day window to review settlements before mergers can proceed and require judges to assess whether proposed agreements adequately address potential violations of antitrust law. Additionally, it would expand the scope of the Tunney Act to include oversight of the Federal Trade Commission and permit states to intervene in related hearings.

Source: The Hill