The Department of Justice and Federal Trade Commission currently share responsibility for merger review, yet face different standards in court and utilize different processes when seeking to prevent a merger or acquisition. In an attempt to bring uniformity and predictability to merger review, Rep. Blake Farenthold has presented to Congress The Standard Merger and Acquisitions Review Through Equal Rules (SMARTER) Act of 2014, H.R. 5402 . Among its provisions, the SMARTER Act would require the FTC and DOJ to adhere to the same standard when seeking preliminary injunctions against mergers and would remove the FTC’s administrative process for challenging mergers after an injunction is denied. Supporters, such as House Judiciary Committee Chairman Bob Goodlatte, believe the SMARTER Act will promote fairness and consistency by ensuring that companies face the same standards and processes regardless of whether the FTC or DOJ reviews the merger. Opponents, such as Seattle University School of Law Professor John Kirkwood, argue that Congress created and maintained the dual enforcement system for a century and that changes proposed in the Act could harm consumers. The American Antitrust Institute, in a letter to the House Judiciary, welcomed discussion on the current system, but commented that “the system of dual enforcement is not broken” and warned that “prudence compels caution in any tinkering with a system of dual enforcement.”