Office of Market Analysis and Data

(a) Establishment There is established, within the Federal Trade Commission, an Office of Market Analysis and Data. (b) Duties The Office of Market Analysis and Data shall, in consultation with the Bureau of Economics, assist the Federal Trade Commission in— (1) collecting, validating, and maintaining data obtained from agencies, as defined in section 551 of title 5, United States Code, commercial data providers, publicly available data sources, any covered company, and any data obtained by the Commission pursuant to its authority under section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)), for the purpose of carrying out the functions in paragraphs (2) through (6); (2) preparing and publishing, in a manner that is easily accessible to the public— (A) a concentration database; (B) a merger enforcement database; and (C) any other database that the Commission determines is necessary to carry out the duties of the Office; (3) collecting and publishing data regarding concentration levels across industries and the impact and degree of antitrust enforcement; (4) standardizing the types and formats of data reported and collected, including standards for reporting financial transaction and position data; (5) publishing reports regarding competitive conditions and dynamics affecting markets or industry sectors, in the United States, local geographic markets, different demographic and socioeconomic groups (including the effects that market concentration, mergers and acquisitions, certain types of agreements, and other forms of business conduct have on competition), consumers, workers, innovation, the economic competitiveness of the United States, economic resilience, and national security; and (6) publishing reports concerning the competitive effects of acquisitions, which shall include recommendations concerning appropriate enforcement action to remedy any anticompetitive effects discovered, and may include assessments of— (A) the conditions of the relevant markets affected by the acquisition, over the period since the acquisition was consummated, including, but not limited to, the potential impact that the acquisition has had on— (i) the prices of goods or services, including wages in any affected labor markets; (ii) the output and quality of goods and services; (iii) the entry or exit of competitors; (iv) innovation; (v) consumer choice and product variety; (vi) the opportunity of suppliers and vendors to sell their products or services; (vii) coordinated interaction between competitors; and (viii) subsequent mergers and acquisitions activity; (B) whether the acquiring person or its successors in interest— (i) complied with all obligations under any agreement with the Federal Trade Commission, the United States, or State law enforcement authorities to resolve a proceeding brought under the antitrust laws; and (ii) achieved measurable, transaction-specific efficiencies, which did not arise from anticompetitive reductions of output, as a result of the acquisition; and (C) whether any agreements with the Federal Trade Commission or the United States or remedies imposed by a Federal court to resolve a proceeding brought under the antitrust laws regarding the acquisition was effective in mitigating the anticompetitive effects from the acquisition. (c) Information security The Commission shall ensure that data collected and maintained by the Office of Market Analysis and Data is kept secure and protected against unauthorized disclosure. (d) Regulations The Commission may, under section 553 of title 5, United States Code, promulgate regulations relating to the collection and standardizing of data under subsection (b).