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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted:	December 29, 2016 12:34 PM
From:	Representative Eddie Day Pashinski
To:	All House members
Subject:	United States Congress to assess the effectiveness of the current merger review process and the Premerger Notification Program

In the near future, I will introduce a resolution urging the United States Congress to assess the effectiveness of the current merger review process and the Premerger Notification Program. I feel review of these measures will ensure a fair market and preventing anti-competitive, monopolistic laws. A fair and competitive marketplace, free from monopolies, strengthens our economy and insulates the public from damage caused when large companies and mergers fail. In the recent decades, the American economy has seen an influx of high-profile and potentially troublesome mergers in a variety of industries and sectors of the economy, including the telecommunication, pharmaceutical, banking, and insurance industries. It is crucial to our economy that proper steps be taken to ensure mergers causing anti-competitive markets are blocked. The Premerger Notification Program was established under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 to prevent large companies from substantially lessening market competition or creating a monopoly. Under the current provisions of this program, it only takes between 15 and 30 days for the Federal Trade Commission and the United States Department of Justice to review initial proposals and acquisitions for mergers. The FTC and USDOJ can take legal action to block a merger in the interest of the economy. However, during this initial review period, more than 95% of all proposals get approved. Based on this data, it is clear that 15-30 days is an insufficient amount of time to estimate the anti-competitive effects on the economy, and the detrimental effects should the merger fail. Additionally, there must be an accountability program in place to ensure that all mergers are properly evaluated, and to ensure the Premerger Notification Program is properly implemented and protecting our economy. Furthermore, because there has not been significant reform to this program since 2006, it is necessary to evaluate the effectiveness in order to adapt to current legal and technological standard. Therefore I ask my fellow colleagues to please join me in co-sponsoring this important resolution.

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