Lee Refiles Smarter Act to Reconcile FTC, DOJ Antitrust Procedures

Senate Antitrust Subcommittee Chairman Mike Lee, R-Utah, led refiling Tuesday of the Standard Merger and Acquisition Reviews Through Equal Rules Act to eliminate disparities in federal antitrust review processes. The Smarter Act, last filed in 2018 (see 1805150079), would require the FTC to use the same procedures as DOJ for enforcing antitrust law. It would institute a 180-day shot clock for the FCC to issue takeover review decisions. “The only people that benefit from uncertainty in antitrust law are antitrust lawyers,” Lee said. “Businesses and consumers deserve clarity and certainty when it comes to federal antitrust law enforcement.” Senate Intellectual Property Subcommittee Chairman Thom Tillis, R-N.C., and Sen. Chuck Grassley, R-Iowa, are lead co-sponsors.