AAI Founder and Senior Fellow Bert Foer testified before the House Committee on the Judiciary Subcommittee on Regulatory Reform, Commercial and Antitrust Law today regarding the Standard Merger and Acquisition Reviews through Equal Rules Act of 2015 (SMARTER Act). Foer reiterated concerns that were outlined in an AAI letter to the Committee in April 2014.
Foer told the committee there was no need for differently articulated standards for obtaining a preliminary injunction against a proposed merger, depending on which agency is bringing the action to court. "we do not perceive that the differences addressed by H.R. 2745 are differences that in fact make a difference,² Foer said.
Read Foer's testimony here.
Read Foer's response to the Committee's follow up questions here.