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The Antitrust Modernization Commission was created pursuant to the Antitrust Modernization Commission Act of 2002, Pub. L. No. 107-273, 11051-60, 116 Stat. 1856. The Commission consists of 12 members, 4 of which were appointed by the President, 4 of which were appointed by the leadership of the Senate, and 4 of which were appointed by the leadership of the House of Representatives. Id. § 11054(a).

The Commission is charged by statute:

(1) to examine whether the need exists to modernize the antitrust laws and to identify and study related issues;
(2) to solicit views of all parties concerned with the operation of the antitrust laws;
(3) to evaluate the advisability of proposals and current arrangements with respect to any issues so identified; and
(4) to prepare and submit to Congress and the President a report.

Id. § 11053. The report is to “contain a detailed statement of the findings and conclusions of the Commission, together with recommendations for legislative or administrative action the Commission considers to be appropriate.” Id. § 11058.

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