Antitrust Accountability and Transparency Act

Key Points

• The bill strengthens judicial review of antitrust consent judgments by requiring courts to determine, based on evidence and reasoned analysis, that settlements are in the public interest and don't create a material risk of violating antitrust laws. Courts would no longer need to defer to the government's predictions about whether its remedies will work.
• If the federal government tries to voluntarily dismiss an antitrust case, state attorneys general get 45 days to step in and take over the lawsuit. Courts must grant substitution unless there's clear and convincing evidence the case has no merit.
• In merger cases, companies must keep their assets separate during the public comment and court review period — essentially freezing the deal until the settlement is approved. Violating this requirement carries civil penalties.
• The government must now disclose side agreements and private commitments not included in the formal settlement, as well as any communications with the Executive Office of the President related to the case.
• The bill requires disclosure of any benefits or concessions offered by merging parties to government officials — including payments, donations, or changes in business practices — that may be connected to the case, targeting potential political influence over enforcement.
• The public comment period is shortened from 60 to 45 days, but people who submit comments gain a new right to reply to the government's response, giving the public a more meaningful role in reviewing antitrust settlements.

Votes

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Related Bills

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