Retroactive review of large agribusiness, food and beverage manufacturing, and grocery retail mergers

(a) In general Not later than 2 years after the date of enactment of this Act, the Attorney General and the Federal Trade Commission shall review each merger that the Attorney General and the Federal Trade Commission have reviewed since January 1, 2006, that was subject to a premerger notification and waiting period pursuant to section 7A of the Clayton Act (15 U.S.C. 18a) in which a dealer, processor, distributor, commission merchant, agricultural input supplier, broker, or operator of a warehouse of agricultural commodities or retailer merged or acquired, directly or indirectly, any voting securities or assets of any other dealer, processor, distributor, commission merchant, agricultural input supplier, broker, or operator of a warehouse of agricultural commodities or retailer. (b) Unwinding The Attorney General and the Federal Trade Commission shall consider whether to unwind a merger reviewed under subsection (a) to restore competition, and may so unwind such merger, if the Attorney General or the Federal Trade Commission determines that the merger brought material harm to— (1) competition nationally or in local markets; (2) farmers and ranchers; (3) workers; or (4) consumers. (c) Investigative authority In conducting a review of a merger under subsection (a), the Attorney General shall have the same power as the Federal Trade Commission under section 6(b) of the Federal Trade Commission Act (15 U.S.C. 46(b)) with respect to such review. (d) Authorization of appropriations In addition to such other amounts as may be made available to the Federal Trade Commission and the Antitrust Division of the Department of Justice, there is authorized to be appropriated to carry out this section for fiscal year 2026 and each fiscal year thereafter— (1) $50,000,000 for the Federal Trade Commission; and (2) $50,000,000 for the Antitrust Division of the Department of Justice. (e) Fines and penalties The Federal Trade Commission and the Antitrust Division of the Department of Justice may use any funds from fines, penalties, and settlements not returned to consumers for their respective future operations. (f) Additional appropriations To the extent there are insufficient funds from fines, penalties, settlements, and fees received by the Federal Trade Commission and the Antitrust Division of the Department of Justice for the costs of their respective programs, projects, and activities, there are appropriated, out of monies in the Treasury not otherwise appropriated, for fiscal year 2025 and each fiscal year thereafter such sums as are necessary for the costs of such programs, projects, and activities.