HR5262-119

2. Competitive factor considerations Section 18(c) of the Federal Deposit Insurance Act (12 U.S.C. 1828(c)) is amended— in paragraph (4)(C)— in clause (i), by striking or at the end; in clause (ii), by striking the period at the end and inserting ; or; and by adding at the end the following: the proposed merger transaction would result in an entity with less than $10,000,000,000 in assets. by adding at the end the following: Notwithstanding paragraph (5), if a proposed merger transaction would result in an institution with less than $10,000,000,000 in assets, then the responsible agency shall not consider whether such merger transaction would— result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the United States; and have the effect in any section of the country of substantially lessening competition, tending to create a monopoly, or in any other manner restraining trade. At the end of each year for which the nominal gross domestic product of the United States increases (a covered year), the Corporation shall adjust the dollar figures described in subparagraph (A) and paragraph (4)(C)(iii) by a percentage equal to the percentage increase (if any) between— the nominal gross domestic product of the United States for the year, during the preceding 5 years, with respect to which the nominal gross domestic product of the United States was the highest; and the nominal gross domestic product of the United States for the covered year. In this paragraph, the Corporation shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis. Section 3(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following: Notwithstanding paragraph (1), if a proposed acquisition, merger, or consolidation under this section would result in a company with less than $10,000,000,000 in assets, then the Board shall not consider whether such acquisition, merger, or consolidation would— result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the United States; and have the effect in any section of the country of substantially lessening competition, tending to create a monopoly, or in any other manner restraining trade. At the end of each year for which the nominal gross domestic product of the United States increases (a covered year), the Board shall adjust the dollar figure described in subparagraph (A) by a percentage equal to the percentage increase (if any) between— the nominal gross domestic product of the United States for the year, during the preceding 5 years, with respect to which the nominal gross domestic product of the United States was the highest; and the nominal gross domestic product of the United States for the covered year. In this paragraph, the Board shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis. Section 10(e) of the Home Owners’ Loan Act (12 U.S.C. 1467a(e)) is amended by adding at the end the following: Notwithstanding subparagraphs (A) and (B) of paragraph (2), if a proposed transaction under this section would result in a company with less than $10,000,000,000 in assets, then the Board shall not consider whether the transaction would— result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the savings and loan business in any part of the United States; and have the effect in any section of the country of substantially lessening competition, tending to create a monopoly, or in any other manner restraining trade. At the end of each year for which the nominal gross domestic product of the United States increases (a covered year), the Board shall adjust the dollar figure described in subparagraph (A) by a percentage equal to the percentage increase (if any) between— the nominal gross domestic product of the United States for the year, during the preceding 5 years, with respect to which the nominal gross domestic product of the United States was the highest; and the nominal gross domestic product of the United States for the covered year. In this paragraph, the Board shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis. (iii)the proposed merger transaction would result in an entity with less than $10,000,000,000 in assets.; and (14)For merger transactions resulting in institutions with less than $10,000,000,000 in assets(A)In generalNotwithstanding paragraph (5), if a proposed merger transaction would result in an institution with less than $10,000,000,000 in assets, then the responsible agency shall not consider whether such merger transaction would—(i)result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the United States; and(ii)have the effect in any section of the country of substantially lessening competition, tending to create a monopoly, or in any other manner restraining trade.(B)Threshold adjustment(i)In generalAt the end of each year for which the nominal gross domestic product of the United States increases (a covered year), the Corporation shall adjust the dollar figures described in subparagraph (A) and paragraph (4)(C)(iii) by a percentage equal to the percentage increase (if any) between—(I)the nominal gross domestic product of the United States for the year, during the preceding 5 years, with respect to which the nominal gross domestic product of the United States was the highest; and(II)the nominal gross domestic product of the United States for the covered year.(ii)Determination of GDPIn this paragraph, the Corporation shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis.. (8)For proposed transactions resulting in companies with less than $10,000,000,000 in assets(A)In generalNotwithstanding paragraph (1), if a proposed acquisition, merger, or consolidation under this section would result in a company with less than $10,000,000,000 in assets, then the Board shall not consider whether such acquisition, merger, or consolidation would—(i)result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the United States; and(ii)have the effect in any section of the country of substantially lessening competition, tending to create a monopoly, or in any other manner restraining trade.(B)Threshold adjustment(i)In generalAt the end of each year for which the nominal gross domestic product of the United States increases (a covered year), the Board shall adjust the dollar figure described in subparagraph (A) by a percentage equal to the percentage increase (if any) between—(I)the nominal gross domestic product of the United States for the year, during the preceding 5 years, with respect to which the nominal gross domestic product of the United States was the highest; and(II)the nominal gross domestic product of the United States for the covered year.(ii)Determination of GDPIn this paragraph, the Board shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis.. (8)For proposed transactions resulting in companies with less than $10,000,000,000 in assets(A)In generalNotwithstanding subparagraphs (A) and (B) of paragraph (2), if a proposed transaction under this section would result in a company with less than $10,000,000,000 in assets, then the Board shall not consider whether the transaction would—(i)result in a monopoly, or would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the savings and loan business in any part of the United States; and(ii)have the effect in any section of the country of substantially lessening competition, tending to create a monopoly, or in any other manner restraining trade.(B)Threshold adjustment(i)In generalAt the end of each year for which the nominal gross domestic product of the United States increases (a covered year), the Board shall adjust the dollar figure described in subparagraph (A) by a percentage equal to the percentage increase (if any) between—(I)the nominal gross domestic product of the United States for the year, during the preceding 5 years, with respect to which the nominal gross domestic product of the United States was the highest; and(II)the nominal gross domestic product of the United States for the covered year.(ii)Determination of GDPIn this paragraph, the Board shall use nominal gross domestic product statistics determined by the Bureau of Economic Analysis..