Antitrust Accountability and Transparency Act
Sponsored By: Senator Amy Klobuchar
Introduced
Summary
This bill would boost scrutiny and transparency for consent judgments in antitrust cases. It would shorten review windows, expand what courts may consider as remedies, and give states and agencies more ways to intervene and get evidence.
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- Businesses and merging parties would face tighter timelines and new pre-closing rules. Companies could see a 15-day waiting-like period after the government responds to comments and new civil penalties for failing to meet asset-holding requirements.
- Federal and state enforcers would gain stronger tools to coordinate and intervene. State attorneys general could substitute into cases, request hearings, and the Federal Trade Commission would have accelerated notice-and-comment duties that cover consent-judgment procedures.
- Defendants and their lawyers would face broader disclosure and discovery obligations. The bill would allow production orders covering communications related to the proceeding, including messages involving the Executive Office of the President, and would require naming authors and recipients of disclosed communications.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 2 benefits, 1 costs, 1 mixed.
More disclosure of settlement talks
If enacted, parties in antitrust consent matters would have to disclose communications with U.S. officers, including the Executive Office of the President. Disclosures would list dates and each author, recipient, and participant of written or oral communications. Courts could order production of disclosed or required materials and testimony about any payments, donations, or policy or business changes tied to the settlement. Parties would also have to disclose commitments not memorialized in the proposal and materials about settlement offers, divestitures, remedies, and how proposals were considered.
States can step into antitrust cases
If enacted, any motion to voluntarily dismiss a U.S. or FTC antitrust case would have to be filed and published at least 45 days before the dismissal. The case would be stayed during that 45-day period. A State attorney general could move to substitute during that period. The court would have to grant substitution unless parties show by clear and convincing evidence there are no genuine issues of material fact or that the defendant would win as a matter of law. If substitution is granted, the U.S. or FTC would promptly transfer non-deliberative case materials to the State and the case would continue without undue delay.
Hold assets separate during mergers
If enacted, parties in transactions under section 7 would have to keep transaction-related assets separate until 15 days after the U.S. or FTC files and publishes a response to comments. A court could extend that hold only if it finds a reasonable likelihood the consent judgment is deficient and that the balance of equities favors extension. Breaking the holding rule would be treated as a violation of section 7A and could trigger civil penalties under that section.
Faster reviews and more agency hearings
If enacted, some notice-and-comment review windows would shrink from 60 days to 45 days, and certain agency responses would be due within 30 days after that. People or businesses that filed comments could file a reply. Courts would have to consider written requests for evidentiary hearings from Federal or State agencies, and agencies that requested a hearing could intervene. Consent judgments would take effect only on court entry, and courts would have to find they are in the public interest and reasonably tailored. The rules would also apply to administrative antitrust proceedings and to unfair methods of competition under FTC Section 5.
Sponsors & CoSponsors
Sponsor
Amy Klobuchar
MN • D
Cosponsors
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 3/17/2026
Sen. Booker, Cory A. [D-NJ]
NJ • D
Sponsored 3/17/2026
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 3/17/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 3/17/2026
Peter Welch
VT • D
Sponsored 3/17/2026
Sen. Warren, Elizabeth [D-MA]
MA • D
Sponsored 3/17/2026
Sen. Murphy, Christopher [D-CT]
CT • D
Sponsored 3/17/2026
Sen. Whitehouse, Sheldon [D-RI]
RI • D
Sponsored 3/17/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov