Urging a “No” on H.R. 3843, the "Merger Filing Fee Modernization Act"
The following memo was sent to members of the U.S. House of Representatives and their staff, opposing H.R. 3843, the "Merger Filing Fee Modernization Act."
Letter in Opposition to H.R. 3843, the "Merger Filing Fee Modernization Act"
Please see the following letter from Ashley Baker, Robert H. Bork Jr., James Edwards, and Curt Levey in opposition to H.R. 3843…
Congressional Briefing on Antitrust Enforcement: What If? Consequences of Proposed Antitrust Legislation
Experts will discuss the consequences of current proposals, including how they would play out from an enforcement perspective, and why certain proposals are an affront to the rule of law.
Upcoming Event: Antitrust and the Rule of Law: Past, Present, and Future
This event will feature two panel discussions with experts on key issues in antitrust law, followed by a reception for attendees.
Breaking Down the House Judiciary Antitrust Bills and Amendments
The majority has scheduled a full-committee mark-up less than two weeks after unveiling the bills and less than 48 hours after disclosing new versions to be offered as substitute amendments. The majority is selling out conservatives in order to ram their whole package through. These are serious changes to a broad area of law that deserve serious consideration. It is clear that House Democrats never intended to allow that to be the case.
In fact, they have even admitted to such strategies. For example, Chairman Cicilline told the New York Times that in the markup, he’ll take up measures with the most agreement first and worse legislation later. At least the quiet parts are sometimes said out loud.
Contrast this with the fact that this was preceded by a more than 16-month investigation, about a dozen hearings, a 450+ page report, and the fact that there have been nine months following the report’s publication. Now that the details to proposed solutions have been drafted without meaningful Republican collaboration, the committee is moving about a month after a partisan report was reported out of committee without a single GOP vote.
Shifting the Burden of Proof in Competition Law
The House Committee on the Judiciary recently released a report on the state of competition in the digital marketplace that was the result of a 16 month long investigation. The report describes itself as being “an attack on how America has approached antitrust for the past 40 years.” One of the recommendations in the report inverting the evidentiary burden of proof and shifting it away from the plaintiff to the defendant, particularly in civil mergers challenges.
This episode lays out the current framework used in U.S. courts for meeting the burden of proof in competition law cases, the role of presumptions in antitrust litigation, and the implications of shifting the burden to the defendant.
Alliance on Antitrust November Update
The last few weeks have been eventful for the Alliance on Antitrust and our allies. From the release of the House Judiciary Committee’s Subcommittee on Antitrust, Commercial and Administrative Law’s report, to our statement in response, we have been busy making the case for the consumer welfare standard and for why antitrust law should not be politicized. Alliance members and friends have been highly engaged in the fight. And our coalition is expanding. Three groups recently joined the Alliance on Antitrust. We are thrilled to welcome the Independence Institute, Mountain States Legal Foundation and the Market Institute.