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Merger Filing Fee Modernization Act Of 2021
The Merger Filing Fee Modernization Act of 2021 (MFFMA) is a proposed antitrust bill in the United States Congress. The legislation was introduced in the Senate by Amy Klobuchar ( D- MN) and Chuck Grassley ( R- IA) as S. 228 on February 4, 2021. Companion legislation was introduced in the House of Representatives by Joe Neguse (D- CO) and Victoria Spartz (R- IN) as H.R. 3843 on June 11, 2021. The legislation increases filing fees for the largest mergers and acquisitions. In doing so, the legislation intends to increase the amount of available resources for the Federal Trade Commission (FTC) and Department of Justice's (DOJ) antitrust probes. The original Senate and House versions of the bill have passed the Senate Judiciary Committee and House Judiciary Committee, respectively. On September 29, 2022, the House voted to pass a legislative package led by the MFFMA in a 242—184 vote. The package also includes the State Antitrust Enforcement Venue Act and the Foreign Merger Su ...
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Amy Klobuchar
Amy Jean Klobuchar ( ; born May 25, 1960) is an American lawyer and politician serving as the senior United States senator from Minnesota, a seat she has held since 2007. A member of the Minnesota Democratic–Farmer–Labor Party (DFL), Minnesota's affiliate of the Democratic Party, she previously served as the Hennepin County attorney. Born in Plymouth, Minnesota, Klobuchar is a graduate of Yale University and the University of Chicago Law School. She was a partner at two Minneapolis law firms before being elected county attorney for Hennepin County in 1998, making her responsible for all criminal prosecution in Minnesota's most populous county. Klobuchar was first elected to the Senate in 2006, becoming Minnesota's first elected female United States senator, and was reelected in 2012 and 2018. In 2009 and 2010, she was described as a "rising star" in the Democratic Party. She announced her candidacy for the Democratic nomination for president of the United States in th ...
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Victoria Spartz
Victoria Spartz ( Kulheyko; uk, Вікторія Кульгейко , Viktoriya Kul'heyko; born October 6, 1978) is a Ukrainian-born American politician and businesswoman who is the U.S. representative for . A member of the Republican Party, she previously represented the 20th district in the Indiana Senate. Early life and education Victoria Kulheyko was born in Nosivka, Ukraine, which at the time was part of the USSR. Before moving to the U.S., she earned a Bachelor of Science degree and a Master of Business Administration degree from the Kyiv National Economic University. Spartz immigrated to the United States in 2000 at the age of 22 and became a U.S. citizen in 2006. She earned a Master of Accountancy from the Kelley School of Business of Indiana University – Purdue University Indianapolis. Early career Spartz held a certified public accountant license from 2010 to 2021 and a real estate broker license from 2003 to 2020, both from the State of Indiana. Spartz was ...
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Open App Markets Act
The Open App Markets Act (OAMA) is a proposed antitrust bill in the United States Congress. The Senate version of the legislation, S.2710, was introduced on August 11, 2021, by Richard Blumenthal ( D- CT), Amy Klobuchar (D- MN) and Marsha Blackburn ( R- TN). On August 13, 2021, a companion bill in the House of Representatives was introduced by Hank Johnson (D- GA) and Ken Buck (R- CO). The legislation aims to prevent Apple and Google, operators of the App Store and Google Play, respectively, from engaging in what supporters of the legislation deem anti-competitive practices in app markets. The Open App Markets Act is intended to protect the ability to sideload apps and prevent operators of app marketplaces from "self-preferencing" their own products. On February 3, 2022, the Senate Judiciary Committee advanced the legislation in a 20–2 bipartisan vote. Background Both Apple and Google have received national and international scrutiny regarding their operation of their in-hou ...
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Hart–Scott–Rodino Antitrust Improvements Act
The Hart–Scott–Rodino Antitrust Improvements Act of 1976 (Public Law 94-435, known commonly as the HSR Act) is a set of amendments to the antitrust laws of the United States, principally the Clayton Antitrust Act. The HSR Act was signed into law by president Gerald R. Ford on September 30, 1976. The context in which the HSR Act is usually cited is , title II of the original law. The HSR Act is named after senators Philip A. Hart and Hugh D. Scott, Jr. and representative Peter W. Rodino. The HSR Act provides that parties must not complete certain mergers, acquisitions or transfers of securities or assets, including grants of executive compensation, until they have made a detailed filing with the U.S. Federal Trade Commission and Department of Justice and waited for those agencies to determine that the transaction will not adversely affect U.S. commerce under the antitrust laws. While parties can carry out due diligence and plan for post-merger integration, they may not take any ...
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American Innovation And Choice Online Act
The American Innovation and Choice Online (AICO) is a proposed antitrust bill in the United States Congress. The legislation was introduced by David Cicilline ( D- RI) in the House of Representatives as the American Choice and Innovation Online Act (H.R. 3816) on June 11, 2021. On October 14, 2021, companion legislation in the Senate was introduced by Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) as S.2992. The legislation aims to prevent Big Tech companies from "self-preferencing" their own products at the expense of competitors. Under AICO, covered platforms would be forbidden from disadvantaging other companies' products or services. The legislation would also prohibit covered platforms from using non-public data collected from business users to unfairly advantage the platforms' own products. On June 24, 2021, the House Committee on the Judiciary advanced H.R. 3816 on a 24–20 vote. On January 20, 2022, the Senate Committee on the Judiciary voted to advance the legislation ...
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Senate Judiciary Committee
The United States Senate Committee on the Judiciary, informally the Senate Judiciary Committee, is a standing committee of 22 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, as well as review pending legislation. In addition, the Standing Rules of the Senate confer jurisdiction to the Senate Judiciary Committee in certain areas, such as considering proposed constitutional amendments and legislation related to federal criminal law, human rights law, immigration, intellectual property, antitrust law, and internet privacy. History Established in 1816 as one of the original standing committees in the United States Senate, the Senate Committee on the Judiciary is one of the oldest and most influential committees in Congress. Its broad legislative jurisdiction has assured its primary role as a forum for the public discussion of social and constitutional issues. The committee is also responsible for oversight of k ...
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Consolidated Appropriations Act, 2023
The Consolidated Appropriations Act, 2023 is a $1.7 trillion omnibus spending bill funding the U.S. federal government for the 2023 fiscal year. It includes funding for a range of domestic and foreign policy priorities, including support for Ukraine, defense spending, and aid for regions affected by natural disasters. It also includes provisions related to advanced transportation research, health care, electoral reform, and restrictions on the use of the social media app TikTok. Congress passed the Act on December 23, 2022, and President Joe Biden signed it into law on December 29. Additional provisions In addition to the 12 annual regular appropriations bills (divisions A through L), the Act has several other provisions, including: * Division M: the Additional Ukraine Supplemental Appropriations Act, 2023, including: ** a section similar to the proposed Asset Seizure for Ukraine Reconstruction Act, a bill allowing the use of assets seized from Russian oligarchs to fund t ...
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State Antitrust Enforcement Venue Act Of 2021
The State Antitrust Enforcement Venue Act of 2021 is a proposed United States antitrust law, antitrust Bill (proposed law), bill in the United States Congress. The legislation was introduced in the US House of Representatives, House of Representatives by Ken Buck (Republican Party (United States), R-Colorado, CO) as H.R. 3460 on May 21, 2021. Companion legislation was introduced in the US Senate, Senate by Mike Lee (R-Utah, UT) as S. 1787 on May 24, 2021. The legislation would prevent antitrust lawsuits filed by multiple State attorney general, state attorneys general (state AGs) from being consolidated or transferred to a separate venue at the request of a company. Proponents of the bill argue that the current law helps companies accused of Anti-competitive practices, anti-competitive conduct by allowing suits to be consolidated or transferred in a more favorable venue at their request. On June 14, 2022, the Senate passed the legislation by voice vote. History The legislation ...
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United States House Committee On The Judiciary
The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, administrative agencies and Federal law enforcement entities. The Judiciary Committee is also the committee responsible for impeachments of federal officials. Because of the legal nature of its oversight, committee members usually have a legal background, but this is not required. In the 117th Congress, the chairman of the committee is Democrat Jerry Nadler of New York, and the ranking minority member is Republican Jim Jordan of Ohio. History The committee was created on June 3, 1813 for the purpose of considering legislation related to the judicial system. This committee approved articles of impeachment against Presidents in five instances: Andrew Johnson (1867 and 1868), Richard Nixon (1974), Bill Clinton (1998), and Donald Trump (2 ...
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United States Department Of Justice
The United States Department of Justice (DOJ), also known as the Justice Department, is a federal executive department of the United States government tasked with the enforcement of federal law and administration of justice in the United States. It is equivalent to the justice or interior ministries of other countries. The department is headed by the U.S. attorney general, who reports directly to the president of the United States and is a member of the president's Cabinet. The current attorney general is Merrick Garland, who was sworn in on March 11, 2021. The modern incarnation of the Justice Department was formed in 1870 during the Ulysses S. Grant presidency. The department comprises federal law enforcement agencies, including the Federal Bureau of Investigation, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the Federal Bureau of Prisons. It also has eight major divisions of lawyers who rep ...
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Federal Trade Commission
The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction over federal civil antitrust enforcement with the Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC. The FTC was established in 1914 with the passage of the Federal Trade Commission Act, signed in response to the 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Act, a key antitrust statute, as well as the provisions of the FTC Act, et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promulgated a number of regulations (codified in Title 16 of the Code of Federal Regulations). The broad statutory authority granted to the FTC provide ...
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Mergers And Acquisitions
Mergers and acquisitions (M&A) are business transactions in which the ownership of companies, other business organizations, or their operating units are transferred to or consolidated with another company or business organization. As an aspect of strategic management, M&A can allow enterprises to grow or downsize, and change the nature of their business or competitive position. Technically, a is a legal consolidation of two business entities into one, whereas an occurs when one entity takes ownership of another entity's share capital, equity interests or assets. A deal may be euphemistically called a ''merger of equals'' if both CEOs agree that joining together is in the best interest of both of their companies. From a legal and financial point of view, both mergers and acquisitions generally result in the consolidation of assets and liabilities under one entity, and the distinction between the two is not always clear. In most countries, mergers and acquisitions must co ...
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