NetChoice supports the introduction of the Standard Merger and Acquisition Reviews Through Equal Rules Act (SMARTER Act) by Senators Lee, Tillis, and Grassley. The SMARTER Act would require the Federal Trade Commission to use the same procedures as the Department of Justice’s Antitrust Department to review mergers as well as give merging entities their day in court to challenge decisions made by the Federal Trade Commission. Under current law, these two agencies use different procedures and businesses may appeal Federal Trade Commission decisions only to the Commission’s own adjudicative body.
“If enacted, the SMARTER Act will bring much-needed clarity and consistency to how our government reviews mergers. This will not only help struggling small businesses merge together to lower their costs but also help them even fend off filing for bankruptcy,” said Carl Szabo, Vice President and General Counsel of NetChoice.
“The SMARTER Act will also let businesses appeal Federal Trade Commission’s decisions to federal courts, ensuring they—and their consumers—get a fair hearing,” continued Szabo.
“In the end, this SMARTER Act will undoubtedly benefit consumers by helping businesses reduce costs, integrate products and services, and increase innovation,” continued Szabo.