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Apr17
Antitrust Modernization Commission

The following is not meant to be legal advice.

 

The Antitrust Modernization Commission, created pursuant to the Antitrust Modernization Act of 2002, issued a report on April 2, 2007 that proposes no changes to the substantive statutory provisions of Sections 1 and 2 of the Sherman Act, Sections 3 and 7 of the Clayton Act, and Section 5 of the FTC Act.

 

Congress charged the Antitrust Modernization Commission to: examine whether the U.S. antitrust laws need to be modernized.  Recommendations were made to repeal the Robinson-Patman Act, and reform merger clearance under the Hart-Scott-Rodino Act.

 

The Robinson-Patman Act was passed in response to the concern of small businesses that were having difficulty competing with larger businesses and chain stores. The Robinson-Patman Act prohibited sellers from offering different prices to different purchasers of commodities of like grade and quality where the difference injures competition.  See 15 U.S.C. §§13-13a.  The act has the effect of harming consumers by limiting the available discounts and ultimately forcing consumers to pay higher prices.

 

 

The Antitrust Modernization Commission recommended that the Federal Trade Commission and the Antitrust Division of the Department of Justice implement clearing all transactions to one of the agencies, specifically recommending that Congress enact legislation to require the two agencies to designate mergers reported under the Hart-Scott-Rodino Act for clearance to one of the two agencies within nine days after the filing of the pre-merger notification.


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