Foreign Merger Subsidy Disclosure Act of 2021

Accounting for foreign government subsidies— A person required to file a notification required by section 7A of the Clayton Act (15 U.S.C. 18a) that received a subsidy from a foreign state shall include in such notification a detailed accounting of each such subsidy.

Authority of antitrust regulators— The Federal Trade Commission, with the concurrence of the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice and by rule in accordance with section 553 of title 5, consistent with purposes of this section shall require that the notification required under subsection (a) be in such form and contain such documentary material and information relevant to a proposed acquisition as is necessary and appropriate to enable the Federal Trade Commission and the Assistant Attorney General in charge of the Antitrust Division of the Department of Justice to determine whether such acquisition may, if consummated, violate the antitrust laws.

Foreign state— The term foreign state shall have the meaning given it in section 1603(a) of title 28, United States Code.

Subsidy— The term subsidy includes a direct subsidy, a grant, a loan (including a below-market loan), a loan guarantee, a tax concession, a preferential governmental procurement policy, or other form of economic support including ownership or control by a foreign state.