To: David Lawrence who wrote (18400 ) 3/12/1999 2:21:00 PM From: Scrapps Respond to of 22053
U.S. may limit merger reviews Sen. Hatch asks DoJ to review only mergers with biggest economic impact March 12, 1999: 12:59 p.m. ET U.S. Department of Justice Federal Trade Commission WASHINGTON (Reuters) - U.S. Senate Judiciary Committee Chairman Orrin Hatch asked the Justice Department Friday to consider reviewing fewer mergers and concentrate on those deals with the biggest economic impact. Attorney General Janet Reno said the idea is worth looking at. "It sounds like a very good suggestion and I'd like to talk to Mr. Klein," Reno replied, referring to Joel Klein, head of the agency's antitrust division. The Utah Republican raised the issue at a committee hearing on the Justice Department's budget for next fiscal year, which starts Oct. 1. The Clinton administration has asked Congress for $114.4 million for the department's antitrust division, which reviews mergers, a 16 percent increase over this year. There were 4,728 merger proposals in fiscal 1998, an increase of 30 percent from 1997. Hatch asked if the Justice Department had reviewed the thresholds under the 1976 Hart Scott Rodino law for the effects of inflation and the actual economic impact of the deals. If the department did not have to review as many mergers, "the resources it allocates to those transactions might better be used for more complex transactions that have a real competitive impact on the economy," Hatch said. The formula used today requires merging parties to give the government advance notice when all three of the following conditions are met: One of the two parties has net annual sales or total assets of $10 million; the other has $100 million in assets or sales; and the securities and assets in the transaction are valued over $15 million. Limits to affect FTC as well In addition to the antitrust division, any changes would also affect the Federal Trade Commission (FTC), which also reviews mergers. For the past several years, the antitrust division and FTC have reviewed record numbers of mergers. Most are approved within a few weeks. But a small percentage of major mergers undergo close scrutiny. Among those currently under review is the proposed $77 billion combination of Exxon Corp. (XON) and Mobil Corp. (MOB) Their merger is being reviewed by the FTC. cnnfn.com This post brought to you free of charge with permission from FCC Dictator William Kennard.