Antitrust Bills Seek To Thwart Mega Mergers And Expand Antitrust Enforcement

In Short

The Situation: Democrats have proposed legislation that would make it easier for antitrust agencies to challenge mergers.

The Background: This announcement followed a proposal made in August, known as the "Better Deal," which was also designed to broaden antitrust enforcement and included elements that were outside the bounds of antitrust law as it has traditionally been practiced. 

Two months ago, Democrats in the United States Congress proposed to revamp U.S. antitrust law with a "Better Deal" economic plan that included measures at odds with key agency guidelines and decades of antitrust enforcement. See Jones Day Commentary, " Democrats Seek Overhaul of Antitrust Merger Review with "Better Deal" Proposal." Recently, Senator Amy Klobuchar, the top Democrat on the Senate Judiciary Subcommittee on Antitrust, along with nine Democratic cosponsors, announced new legislation to make it easier for the antitrust agencies to challenge mergers, and to