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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Subtitle E--Industrial Base Matters

P. L. 118-31

Conference Report

SEC. 857. DEPARTMENT OF DEFENSE NOTIFICATION OF CERTAIN TRANSACTIONS.

The parties to a proposed merger or acquisition that will require a review by the Department of Defense who are required to file the notification and provide supplementary information to the Department of Justice or the Federal Trade Commission under section 7A of the Clayton Act (15 U.S.C. 18a) shall concurrently provide such information to the Department of Defense during the waiting period under section 7A of the Clayton Act (15 U.S.C. 18a). 

Sec. 857--Department of Defense notification of certain transactions

The Senate amendment contained a provision (sec. 832) that would require notification and provision of information to the Department of Defense to review proposed mergers within the defense industrial base at the same time notification and information is provided to the Federal Trade Commission and Department of Justice.

The House bill contained no similar provision.

The House recedes with an amendment that clarifies that the Department of Defense shall receive information on proposed mergers and acquisitions within the defense industrial base for which it will be asked to review and comment on such notifications, but at the same time as the Federal Trade Commission and Department of Justice, in order to facilitate that review in a timely manner.


S. Rept. 118-58

Department of Defense notification of certain transactions (sec. 832)

The committee recommends a provision that would require notification and provision of information to the Department of Defense to review proposed mergers within the defense industrial base at the same time notification and information is provided to the Federal Trade Commission and Department of Justice.

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