Agriculture Competition Enhancement Act
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Agriculture Competition Enhancement Act - Establishes within the Department of Agriculture a Special Counsel for Competition Matters, to be appointed by the President subject to the advice and consent of the Senate. Directs the Assistant Attorney General of the Antitrust Division of the Department of Justice or the Federal Trade Commission to notify the Secretary of Agriculture of specified (size- and market share-related) agribusiness premerger filings under the Clayton Act, and provide the Secretary with an opportunity to participate in such review. States that in addition to such antittrust review the Special Counsel shall conduct a contemporaneous review of the proposed action's marketplace effect on independent producers and family farmers, and may challenge such merger or acquisition. Authorizes the Special Counsel to request notification of a smaller merger or acquisition that may threaten market competition. Amends the Clayton Act with respect to proposed agricultural mergers or acquisitions. Sets forth: (1) unlawful practices for agricultural dealers, processors, commission merchants, or brokers; and (2) related enforcement provisions. Prohibits confidentiality clauses in livestock and poultry production contracts. Amends the Packers and Stockyards Act, 1921 to: (1) remove the slaughter requirement from the definitions of "poultry grower," "poultry growing arrangement," and "live poultry dealer;" and (2) extend administrative enforcement authority to live poultry dealers. Amends the Consolidated Farm and Rural Development Act to authorize business and industry guaranteed loans for non-rural sited, farmer-owned projects that add value to or process agricultural commodities. Establishes within the Antitrust Division of the Department of Justice an Assistant Attorney General for Agricultural Antitrust Matters. Increases certain Federal Trade Commission premerger filing fees (Hart-Scott-Rodino filing fees), to be partially earmarked for agribusiness-related staff increases at the Transportation, Energy and Agriculture section of the Department of Justice.
Filed in the Senate
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