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US: How the Republican victory in Congress can change merger reviews

By  |  November 6, 2014

With Republicans gaining control of the Senate in this week’s elections, some experts predict Congress will move to enact reforms on the nation’s merger review process.

According to reports, the House of Representatives is debating legislation that aim to streamline the merger review process between the Federal Trade Commission and Department of Justice. Reports say the bill, named the Standard Merger and Acquisitions Review Through Equal Rules Act, will likely breeze through the Senate now that Republicans hold a majority there.

The legislation, nicknamed SMARTER, will require both the FTC and DOJ to show that a merger they wish to block would pose irreparable harm; under current rules, the DOJ must show this, but the FTC must only show that its decision to block a merger would be in the public interest.

Full content: National Law Review

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