PolicyBrief
H.J.RES. 39
119th CongressFeb 11th 2025
Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Federal Trade Commission relating to "Premerger Notification; Reporting and Waiting Period Requirements".
IN COMMITTEE

This bill disapproves and invalidates a Federal Trade Commission rule concerning pre-merger notification requirements.

Scott Fitzgerald
R

Scott Fitzgerald

Representative

WI-5

LEGISLATION

FTC Merger Review Rule Scrapped: Bill Nixes Transparency on Big Business Deals

This bill straight-up cancels a Federal Trade Commission (FTC) rule that dictates how companies report mergers and acquisitions before they happen. The FTC's now-defunct rule was all about making sure big mergers don't screw over consumers or create unfair monopolies. By scrapping this rule, the bill essentially reduces the amount of paperwork and waiting time companies face when merging.

Red Tape Rebellion

The core change here is the removal of pre-merger notification requirements. Normally, companies have to file detailed reports with the FTC and wait for approval before combining. This bill eliminates that, meaning mergers could go through with significantly less government scrutiny. For example, imagine two major regional grocery chains wanting to merge. Under the old rules, they'd have to prove the merger wouldn't create a food desert or unfairly raise prices. Now? That process is significantly weakened.

Real-World Rollback

Without the FTC's rule, it becomes easier for large companies to consolidate power. Think fewer choices and potentially higher prices for everything from internet service to airline tickets. It's not just about mega-corporations; even smaller businesses could feel the squeeze if regional monopolies start forming. A local hardware store, for instance, might find it impossible to compete if a national chain buys up all its rivals and uses its size to undercut prices temporarily.

The Fine Print

The bill says the FTC's pre-merger notification rule "shall have no force or effect." (Section 1) It's a direct hit, meaning the FTC can't enforce these transparency requirements anymore. This could create a bit of a wild west situation in the merger world, at least in the short term. While other antitrust laws still exist, this bill removes a key early warning system that helps regulators spot potentially harmful mergers before they happen. The challenge will be how to protect consumers and smaller businesses. This move fits into a larger pattern of deregulation, but the real question is whether the benefits of faster mergers outweigh the risks of increased market concentration.