,,ii #aafth ,,congress #b;d ,session ,s4 #dhgf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bf 7legislative day1 ,october #ai71 #bjbj,mr4 ,lee 7for himself1 ,mr4 ,grassley1 and ,mr4 ,tillis7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide that the ,federal ,trade ,commission shall exercise authority with respect to mergers only under the ,clayton ,act and only in the same procedural manner as the ,attorney ,general exercises such authority1 and to require the ,federal ,communications ,commission to approve or deny a license transfer application within #ahj days of submission4 ,i ,standard ,merger and ,acquisition ,reviews ,through ,equal ,rules #aja4 ,short title ,this title may be cited as the ,standard ,merger and ,acquisition ,reviews ,through ,equal ,rules ,act of #bjbj4 #ajb4 ,amendments to the ,clayton ,act ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended-- 7#a7 by striking section #d;,f 7#ae ,u4,s4,c4 #ae;f7 and inserting the following-- #d;,f4 ,actions by ,attorney ,general of the ,united ,states or the ,federal ,trade ,commission 7a7 ,whenever the ,attorney ,general of the ,united ,states has brought an action under the antitrust laws or the ,federal ,trade ,commission has brought an action under section #g1 and the ,attorney ,general or ,federal ,trade ,commission1 as applicable1 has reason to believe that any ,state attorney general would be entitled to bring an action under this ,act based substantially on the same alleged violation of the antitrust laws or section #g1 the ,attorney ,general or ,federal ,trade ,commission1 as applicable1 shall promptly give written notification thereof to such ,state attorney general4 7b7 ,to assist a ,state attorney general in evaluating the notice described in subsection 7a7 or in bringing any action under this ,act1 the ,attorney ,general of the ,united ,states or ,federal ,trade ,commission1 as applicable1 shall1 upon request by such ,state attorney general1 make available to the ,state attorney general1 to the extent permitted by law1 any investigative files or other materials which are or may be relevant or material to the actual or potential cause of action under this ,act4 2 7#b7 in section #e 7#ae ,u4,s4,c4 #af7-- 7,a7 in subsection 7a71 by inserting 7including a proceeding brought by the ,federal ,trade ,commission with respect to a violation of section #g7 after ,united ,states under the antitrust laws2 and 7,b7 in subsection 7i71 by inserting 7including a proceeding instituted by the ,federal ,trade ,commission with respect to a violation of section #g7 after antitrust laws2 7#c7 in section #aa 7#ae ,u4,s4,c4 #ba71 by adding at the end the following3 7m7 7#a7 ,except as provided in paragraph 7#b71 in enforcing compliance with section #g1 the ,federal ,trade ,commission shall enforce compliance with that section in the same manner as the ,attorney ,general in accordance with section #ae4 7#b7 ,if the ,federal ,trade ,commission approves an agreement with the parties to the transaction that contains a consent order with respect to a violation of section #g1 the ,commission shall enforce compliance with that section in accordance with this section4 2 7#d7 in section #ac 7#ae ,u4,s4,c4 #bc71 by inserting 7including a suit1 action1 or proceeding brought by the ,federal ,trade ,commission with respect to a violation of section #g7 before subpoenas2 and 7#e7 in section #ae 7#ae ,u4,s4,c4 #be71 by inserting and the duty of the ,federal ,trade ,commission with respect to a violation of section #g1 after ,general14 #ajc4 ,amendments to the ,federal ,trade ,commission ,act ,the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 is amended-- 7#a7 in section #e7;b7 7#ae ,u4,s4,c4 #de7;b771 by inserting 7excluding the consummation of a proposed merger1 acquisition1 joint venture1 or similar transaction that is subject to section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah71 except in cases where the ,commission approves an agreement with the parties to the transaction that contains a consent order7 after unfair method of competition2 7#b7 in section #i 7#ae ,u4,s4,c4 #di71 by inserting after the fourth undesignated paragraph the following3 ,upon the application of the commission with respect to any activity related to the consummation of a proposed merger1 acquisition1 joint venture1 or similar transaction that is subject to section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah7 that may result in any unfair method of competition1 the district courts of the ,united ,states shall have jurisdiction to issue writs of mandamus commanding any person or corporation to comply with the provisions of this ,act or any order of the commission made in pursuance thereof4 2 7#c7 in section #ac7;b77#a7 7#ae ,u4,s4,c4 #ec7;b77#a771 by inserting 7excluding section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah7 and section #e7;a77#a7 with respect to the consummation of a proposed merger1 acquisition1 joint venture1 or similar transaction that is subject to section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah77 after ,commission2 and 7#d7 in section #bj7;c77#a7 7#ae ,u4,s4,c4 #eg;b-#a7;c77#a771 by inserting or under section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah71 where applicable1 after ,act14 #ajd4 ,effective date2 application of amendments 7a7 ,effective date ,except as provided in subsection 7b71 this title and the amendments made by this title shall take effect on the date of the enactment of this ,act4 7b7 ,application of amendments ,the amendments made by this title shall not apply to any of the following that occurs before the date of enactment of this ,act3 7#a7 ,a violation of section #g of the ,clayton ,act 7#ae ,u4,s4,c4 #ah74 7#b7 ,a transaction with respect to which there is compliance with section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a74 7#c7 ,a case in which a preliminary injunction has been filed in a district court of the ,united ,states4 ,,ii ,federal ,communications ,commission ,merger ,process ,reform #bja4 ,time limits for ,commission action on transfers and assignments ,title ,,iv of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #dja et seq47 is amended by adding at the end the following3 #dag4 ,time limits for ,commission action on transfers and assignments 7a7 ,definition ,in this section1 the term covered application means an application for the transfer of control or assignment of any license or authorization subject to the jurisdiction of the ,commission4 7b7 ,requirements 7#a7 ,in general ,notwithstanding any other provision of law1 including section #cji7;e71 the ,commission-- 7,a7 shall approve or deny a covered application2 and 7,b7 may not designate a covered application for hearing1 unless the ,commission first determines by a majority vote that a material factual question exists about misrepresentation or lack of candor by the applicant4 7#b7 ,determination ,except as provided in paragraph 7#c71 the ,commission shall make a determination to approve or deny a covered application not later than #ahj days after the date on which the applicants provide to the ,commission the last submission1 relating to the application1 before the ,commission provides public notice of the application4 7#c7 ,extensions 7,a7 ,in general 7i7 ,request ,during the #ahj-;day review period under paragraph 7#b71 the ,commission may apply to the ,united ,states ,district ,court for the ,district of ,columbia for an extension of that period for an additional #cj days by filing a motion to extend that references this section4 7ii7 ,court determination ,the court may grant an extension of the #ahj-;day review period requested under clause 7i7 if-- 7,i7 the court finds that the applicants for the transfer of control or assignment have not substantially complied1 in a timely manner1 with a reasonable request by the ,commission for information2 7,,ii7 the ,commission shows1 by clear and convincing evidence1 that the ,commission is unable to complete review within the #ahj-;day review period2 or 7,,iii7 an ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 has requested in writing that the ,commission delay a determination pending the ,executive agency's national security review of the transfer of control or assignment4 7,b7 ,additional extensions ,the ,commission may request1 and the court may grant1 additional #cj-;day extensions in the same manner as an initial extension under subparagraph 7,a74 7c7 ,approval absent ,commission action 7#a7 ,in general ,a covered application shall be deemed approved without conditions if the ,commission does not approve or deny the application or apply for an extension during the applicable period under subsection 7b74 7#b7 ,pending litigation 7,a7 ,in general ,except as provided in subparagraph 7,b71 if the #ahj-;day review period under subsection 7b77#b7 has expired1 the ,commission may not deny a covered application1 or approve a covered application with conditions1 during the pendency of any litigation relating to a request by the ,commission for an extension under subsection 7b77#c7 with respect to the covered application1 including any time during which a court has entered a stay pending appeal or administrative stay of such litigation4 7,b7 ,extension request denied after #ahj-;day review period ,if a request for an extension under subsection 7b77#c7 is denied after the expiration of the #ahj-;day review period under subsection 7b77#b7-- 7i7 the ,commission shall make a determination to approve or deny the covered application not later than #aj days after the date on which the extension request is denied2 and 7ii7 the covered application shall be deemed approved without conditions if the ,commission does not approve or deny the application during the #aj-;day period described in clause 7i74 7d7 ,burden of persuasion shifted ,notwithstanding any other provision of law1 including section #gjf of title #e1 ,united ,states ,code1 in a judicial appeal of a ,commission decision to deny a covered application1 the ,commission shall bear the burden of persuasion to demonstrate that the decision is-- 7#a7 permitted under applicable statutes and regulations2 and 7#b7 supported by the required amount of factual evidence4 4 #bjb4 ,technical and conforming amendment ,section #caj7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #caj7;d77 is amended1 in the second sentence1 by inserting before the semicolon the following3 1 except as otherwise provided in section #dag4 #bjc4 ,effective date ,the amendment made by section #bja shall apply with respect to any covered application that is submitted to the ,federal ,communications ,commission on or after the date of enactment of this ,act4