Midterm Congressional Legislative Wrap-Up: Major Issues, Emerging Priorities

Political debates over the future of antitrust policy have become increasingly widespread over the past several months, but the 115th session of Congress will likely conclude without any major antitrust legislation being enacted. Some bills have passed narrowly along party lines in the House of Representatives—only to be tabled in the Senate—while others receive bipartisan support in one chamber, yet lack the votes in the other. But even though Congress failed to enact any meaningful reform during this session, lawmakers in both parties regularly proposed a wide variety of antitrust legislation that could significantly alter several elements of current law and process. Notably, lawmakers in both parties have proposed major—albeit drastically different—reforms in the area of federal merger review. Further, with Democrats currently favored to gain a majority in at least one chamber in the upcoming midterm elections, it is likely that debates over reforming