Antitrust Accountability and Transparency Act
Sponsored By: Senator Amy Klobuchar
Introduced
Summary
This bill would tighten how federal antitrust consent judgments are reviewed by boosting greater transparency and stronger state participation. It would shorten review windows, expand disclosure of government communications, add asset-hold rules during reviews, and raise the standards courts must use before approving settlements.
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- States. Gives state attorneys general a bigger role by allowing written requests to prompt evidentiary hearings and by creating a 45-day publication and stay for voluntary dismissals. States can substitute into cases during that period and receive the litigation materials if they step in.
- Businesses and defendants. Shortens key review periods from 60 days to 45 days and imposes a waiting-period-style hold on assets in section 7 cases with a 15-day delay after agency responses before release. Violating asset-hold orders can be treated as section 7A violations with civil penalties.
- Courts and the public. Requires courts to rely on evidence and reasoned analysis to find that remedies are narrowly tailored and do not leave material antitrust risk. Expands mandatory disclosure of communications to include current and former Government officials and the Executive Office of the President.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 0 costs, 4 mixed.
Faster reviews and more transparency
If enacted, this bill would shorten public review of proposed consent judgments from 60 days to 45 days and require agencies to act within 30 days after that review closes. People who filed comments could file a short reply to agency responses. The bill would expand required disclosures to include White House communications and metadata (dates, authors, recipients, participants), and would let courts order production of disclosed or should-have-been-disclosed communications and related testimony. It would also apply these timing and disclosure rules to administrative proceedings and make qualifying district courts proper fora for review.
Merger asset hold and penalties
If enacted, this bill would require parties in merger cases to keep transaction assets separate, like a waiting‑period hold, until 15 days after the United States or the FTC files and publishes a response to comments. A court could extend that hold only if it finds a reasonable likelihood the proposed consent judgment will fail and the balance of equities favors extension. Violating the hold could be treated as a violation of the waiting‑period statute and bring civil penalties, and the hold ends once a court finds the consent judgment meets the required standard.
State substitute right before dismissal
If enacted, this bill would require the United States or the FTC to publish any proposed voluntary dismissal at least 45 days before it takes effect and to stay the case during that period. Any State attorney general could move to substitute into the case during the 45-day window. Courts would have to allow substitution unless clear and convincing evidence shows no genuine factual issues or that the defendant would win as a matter of law. If substitution is granted, the United States or FTC would promptly transfer non‑privileged case materials to the substituting State attorneys general and the case would proceed without undue delay.
Clarify FTC role and Section 5 rules
If enacted, this bill would clarify that references to the United States or the Attorney General in this section can include the FTC where applicable, and that references to the antitrust laws may include an unfair method of competition under section 5 of the FTC Act. At the same time, it would strike specific language that had allowed relying on section 5 as a basis for antitrust relief under the subsection, narrowing one explicit cross‑reference.
Sponsors & CoSponsors
Sponsor
Amy Klobuchar
MN • D
Cosponsors
Richard Durbin
IL • D
Sponsored 3/17/2026
Cory Booker
NJ • D
Sponsored 3/17/2026
Mazie Hirono
HI • D
Sponsored 3/17/2026
Richard Blumenthal
CT • D
Sponsored 3/17/2026
Peter Welch
VT • D
Sponsored 3/17/2026
Elizabeth Warren
MA • D
Sponsored 3/17/2026
Christopher Murphy
CT • D
Sponsored 3/17/2026
Sheldon Whitehouse
RI • D
Sponsored 3/17/2026
Roll Call Votes
No roll call votes available for this bill.
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