II 

117TH CONGRESS 

1ST SESSION S. 633 

To transfer antitrust enforcement functions from the Federal Trade 

Commission to the Department of Justice, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2021 

Mr. LEE (for himself and Mr. TILLIS) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To transfer antitrust enforcement functions from the Federal 

Trade Commission to the Department of Justice, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘One Agency Act’’. 

5 SEC. 2. FINDINGS. 

6 Congress finds the following: 

7 (1) It is the policy of the United States to pro8 mote the vigorous, effective, and efficient enforce9 ment of the antitrust laws. 


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1 (2) The overlapping antitrust enforcement ju2 risdiction of the Department of Justice and the Fed3 eral Trade Commission has wasted taxpayer re4 sources, hampered enforcement efforts, and caused 

5 uncertainty for businesses and consumers in the 

6 United States. 

7 (3) It is preferable that primary Federal re8 sponsibility for enforcing the antitrust laws of the 

9 United States be given to a single agency, and the 

10 Department of Justice is best suited to do so. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) ANTITRUST LAWS.—The term ‘‘antitrust 

14 laws’’ means— 

15 (A) the Sherman Act (15 U.S.C. 1 et seq.); 

16 and 

17 (B) the Clayton Act (15 U.S.C. 12 et 

18 seq.). 

19 (2) ASSISTANT ATTORNEY GENERAL.—The 

20 term ‘‘Assistant Attorney General’’ means the As21 sistant Attorney General for the Antitrust Division 

22 of the Department of Justice. 

23 (3) COMMISSION.—The term ‘‘Commission’’ 

24 means the Federal Trade Commission. 


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1 (4) EFFECTIVE DATE.—The term ‘‘effective 

2 date’’ means the date described in section 7. 

3 (5) FTC ANTITRUST ACTION.—The term ‘‘FTC 

4 antitrust action’’ means any litigation or administra5 tive proceeding initiated by the Commission that— 

6 (A) is supervised by an FTC Antitrust 

7 Unit; or 

8 (B) relates to the antitrust laws or section 

9 5 of the Federal Trade Commission Act (15 

10 U.S.C. 45), as in effect on the day before the 

11 effective date. 

12 (6) FTC ANTITRUST ASSETS.—The term ‘‘FTC 

13 antitrust assets’’— 

14 (A) means all electronic or tangible records 

15 and files relating to matters supervised, as well 

16 as any physical assets or equipment owned and 

17 used or retained, by an FTC Antitrust Unit; 

18 and 

19 (B) does not include any office space or 

20 leased facilities or equipment. 

21 (7) FTC ANTITRUST EMPLOYEE.—The term 

22 ‘‘FTC antitrust employee’’ means an individual who 

23 on the day before the effective date is employed by 

24 the Federal Trade Commission and assigned to an 

25 FTC Antitrust Unit. 


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1 (8) FTC ANTITRUST FUNCTION.—The term 

2 ‘‘FTC antitrust function’’ means a function of the 

3 Commission relating to the antitrust laws or unfair 

4 methods of competition under section 5 of the Fed5 eral Trade Commission Act (15 U.S.C. 45), as in ef6 fect on the day before the effective date. 

7 (9) FTC ANTITRUST FUNDING.—The term 

8 ‘‘FTC antitrust funding’’ means— 

9 (A) all amounts appropriated before the ef10 fective date by an Act of Congress to the Fed11 eral Trade Commission that are designated, by 

12 Congress or the Commission, for an FTC Anti13 trust Unit; and 

14 (B) all fees collected by the Federal Trade 

15 Commission before the effective date under sec16 tion 7A of the Clayton Act (15 U.S.C. 18a) and 

17 rules issued under that section. 

18 (10) FTC ANTITRUST UNIT.—The term ‘‘FTC 

19 Antitrust Unit’’ means— 

20 (A) the Bureau of Competition of the 

21 Commission; and 

22 (B) each division of the Bureau of Eco23 nomics of the Commission that is designated to 

24 work on FTC antitrust actions. 


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1 (11) FUNCTION.—The term ‘‘function’’ means 

2 any duty, obligation, power, authority, responsibility, 

3 right, privilege, activity, or program. 

4 (12) TRANSITION PERIOD.—The term ‘‘transi5 tion period’’ means the period beginning on the ef6 fective date of this Act and ending on the later of— 

7 (A) the date that is 1 year after the effec8 tive date of this Act; or 

9 (B) the date that is 180 days after the 

10 date described in subparagraph (A), which may 

11 be extended by the Assistant Attorney General 

12 once for an additional 180 days, if the Assist13 ant Attorney General determines that a period 

14 longer than the period described in subpara15 graph (A) is necessary to avoid harm to the in16 terests of the United States or the effective en17 forcement of the antitrust laws. 

18 SEC. 4. TRANSFER OF ANTITRUST ENFORCEMENT FUNC19 TIONS FROM THE FEDERAL TRADE COMMIS20 SION TO THE DEPARTMENT OF JUSTICE. 

21 (a) TRANSFER OF FUNCTIONS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (3)(D), there shall be transferred to the De24 partment of Justice all FTC antitrust functions, 


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1 FTC antitrust employees, FTC antitrust assets, and 

2 FTC antitrust funding on the earlier of— 

3 (A) the date determined by the Assistant 

4 Attorney General under paragraph (2)(B); or 

5 (B) the end of the transition period. 

6 (2) REQUIREMENT.—The Assistant Attorney 

7 General, taking care to minimize disruption to ongo8 ing enforcement matters and in consultation as nec9 essary with the Attorney General, the Office of Per10 sonnel Management, the General Services Adminis11 tration, and the Chairman of the Commission, 

12 shall— 

13 (A) take all necessary actions to complete 

14 implementation of this Act before the end of the 

15 transition period; and 

16 (B) determine the dates certain, which 

17 may not be earlier than the effective date nor 

18 later than the end of the transition period, on 

19 which the transfers under paragraph (1) shall 

20 occur. 

21 (3) PERSONNEL.— 

22 (A) ASSIGNMENT.—An FTC antitrust em23 ployee transferred to the Department of Justice 

24 under this Act shall be assigned to the Anti25 trust Division of the Department of Justice. 


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1 (B) EFFECT ON PERSONNEL.—Except as 

2 provided in subparagraph (C), the transfer 

3 under this Act of an FTC antitrust employee 

4 shall not cause the employee to be separated or 

5 reduced in grade or compensation for 1 year 

6 after the transfer date. 

7 (C) EXECUTIVE SCHEDULE.—Notwith8 standing subparagraph (B), the Assistant At9 torney General may appoint an FTC antitrust 

10 employee in a Senior Executive Service position, 

11 as defined in section 3132 of title 5, United 

12 States Code, to a position within the Antitrust 

13 Division rate payable for a position at level 15, 

14 step 10 of the General Schedule. 

15 (D) VOLUNTARY NONTRANSFER OF PER16 SONNEL.—Notwithstanding paragraph (1), an 

17 FTC antitrust employee may, with the consent 

18 of the Chairman of the Commission, elect to re19 main an employee of the Commission assigned 

20 to a non-FTC Antitrust Unit. 

21 (E) OFFICE SPACE.—Upon request from 

22 the Assistant Attorney General, and in con23 sultation as necessary with the General Services 

24 Administration, the Commission shall allow the 

25 Department of Justice to use any office space 


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1 or leased facilities previously used by FTC anti2 trust employees until such time as the Depart3 ment of Justice may provide its own office 

4 space or facilities. After the transfer of FTC 

5 antitrust funding to the Department of Justice, 

6 the Department of Justice shall compensate the 

7 Commission for the costs of the use of such of8 fice space or leased facilities. 

9 (F) RESTRUCTURING.—Notwithstanding 

10 any other provision of law, the Assistant Attor11 ney General is authorized to restructure the 

12 Antitrust Division before the expiration of the 

13 transition period, as the Assistant Attorney 

14 General determines is appropriate, to carry out 

15 the purposes of this Act and accomplish the ef16 ficient enforcement of the antitrust laws. 

17 (4) ANTITRUST ACTIONS.— 

18 (A) IN GENERAL.—As soon as is reason19 ably practicable during the transition period, all 

20 open investigations, litigations, matters, or 

21 other proceedings being supervised by an FTC 

22 antitrust unit and relating to the antitrust laws 

23 or unfair methods of competition under section 

24 5 of the Federal Trade Commission Act (15 

25 U.S.C. 45), as in effect on the day before the 


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1 effective date, shall be transferred to and as2 sumed by the Department of Justice. 

3 (B) HANDLING OF CERTAIN ADMINISTRA4 TIVE PROCEEDINGS.—Administrative pro5 ceedings that were initiated by the Commission, 

6 were unresolved as of the first day of the tran7 sition period, and relate to enforcement of the 

8 antitrust laws or unfair methods of competition 

9 under section 5 of the Federal Trade Commis10 sion Act (15 U.S.C. 45), as in effect on the day 

11 before the effective date, shall be treated in the 

12 following manner: 

13 (i) Any such proceeding pending be14 fore an administrative law judge shall be 

15 dismissed without prejudice and the matter 

16 shall be referred to the Assistant Attorney 

17 General. 

18 (ii) For any such proceeding pending 

19 on appeal before the Commission, the ad20 ministrative appeal shall cease, the ruling 

21 of the administrative law judge shall be 

22 treated as the final decision of the Com23 mission, and the Court of Appeals for the 

24 District of Columbia Circuit shall have ju25 risdiction over any appeal therefrom. 


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1 (C) INTERVENTION.— 

2 (i) IN GENERAL.—In any FTC anti3 trust action before a court of the United 

4 States as of the first day of the transition 

5 period, the court shall allow the Depart6 ment of Justice to— 

7 (I) intervene and assume rep8 resentation of the Federal Govern9 ment from the Commission; and 

10 (II) amend any complaint origi11 nally brought by the Commission for 

12 the purpose of alleging violations of 

13 statutes other than the Federal Trade 

14 Commission Act as necessary and 

15 where appropriate. 

16 (ii) SCHEDULING ORDER UPON RE17 QUEST.—Upon the request of the Commis18 sion or the Department of Justice, and in 

19 consultation with all parties to the matter, 

20 the court shall issue an order making such 

21 scheduling adjustments as necessary to fa22 cilitate the transfer of prosecutorial re23 sponsibilities under this subparagraph. 

24 (D) CONSENT DECREES.—At the end of 

25 the transition period, the Department of Justice 


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1 shall have sole authority to enforce violations 

2 of, approve modifications to, or rescind any con3 sent decree entered into by the Commission be4 fore the effective date that concerns conduct al5 leged to violate the antitrust laws or unfair 

6 methods of competition under section 5 of the 

7 Federal Trade Commission Act (15 U.S.C. 45), 

8 as in effect on the day before the effective date. 

9 (5) AUTHORITY TO CONDUCT INVESTIGATIVE

10 STUDIES.— 

11 (A) REPORTS OF PERSONS, PARTNER12 SHIPS, AND CORPORATIONS.— 

13 (i) IN GENERAL.—The Department of 

14 Justice may require, by general or special 

15 orders, persons, partnerships, and corpora16 tions, engaged in or whose business affects 

17 commerce to file with the Department in 

18 such form as the Department may pre19 scribe annual or special reports or answers 

20 in writing to specific questions, furnishing 

21 to the Department such information as the 

22 Department may require as to the organi23 zation, business, conduct, practices, man24 agement, and relation to other corpora25 tions, partnerships, and individuals of the 


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1 respective persons, partnerships, and cor2 porations filing such reports or answers in 

3 writing. 

4 (ii) OATH.—Reports and answers re5 quired under clause (i) shall— 

6 (I) be made under oath or other7 wise as the Department may pre8 scribe; 

9 (II) pertain solely to competition 

10 or the application of the antitrust 

11 laws; and 

12 (III) be filed with the Depart13 ment within such reasonable period as 

14 the Department may prescribe, unless 

15 additional time be granted in any case 

16 by the Department. 

17 (B) PUBLICATION OF INFORMATION OR

18 REPORTS.— 

19 (i) IN GENERAL.—Except as provided 

20 in clause (ii), the Department of Justice— 

21 (I) shall make public from time 

22 to time such portions of the informa23 tion obtained by the Department 

24 under this paragraph as are in the 

25 public interest; 


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1 (II) may make annual and spe2 cial reports to Congress that include 

3 recommendations for additional legis4 lation; and 

5 (III) shall provide for the publi6 cation of reports and decisions of the 

7 Department in such form and manner 

8 as may be best adapted for public in9 formation and use. 

10 (ii) PROHIBITION AGAINST PUBLICA11 TION OF PRIVILEGED OR CONFIDENTIAL

12 INFORMATION.— 

13 (I) IN GENERAL.—Except as pro14 vided in subclause (II), the Depart15 ment of Justice shall not make public 

16 any trade secret or any commercial or 

17 financial information that is obtained 

18 from any person and that is privileged 

19 or confidential. 

20 (II) EXCEPTION.—The Depart21 ment may disclose information de22 scribed in subclause (I) to— 

23 (aa) officers and employees 

24 of appropriate Federal law en25 forcement agencies or to any offiVerDate Sep 11 2014 23:27 Apr 03, 2021 Jkt 019200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S633.IS S633

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1 cer or employee of any State law 

2 enforcement agency upon the 

3 prior certification of an officer of 

4 any such Federal or State law 

5 enforcement agency that such in6 formation will be maintained in 

7 confidence and will be used only 

8 for official law enforcement pur9 poses; or 

10 (bb) any officer or employee 

11 of any foreign law enforcement 

12 agency under the same cir13 cumstances that making material 

14 available to foreign law enforce15 ment agencies is permitted under 

16 section 21(b) of the Federal 

17 Trade Commission Act (15 

18 U.S.C. 57b–2(b)). 

19 (6) BENEFIT OF ANTITRUST DIVISION.—All 

20 FTC antitrust assets and FTC antitrust funding 

21 transferred under this subsection shall be for the ex22 clusive use and benefit of the Antitrust Division of 

23 the Department of Justice. 

24 (b) TRANSITION PERIOD.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), beginning on the effective date, the Com3 mission may not— 

4 (A) hire or assign an employee to an FTC 

5 Antitrust Unit; 

6 (B) open a new investigation or matter 

7 within an FTC Antitrust Unit or relating to 

8 antitrust enforcement; 

9 (C) without the approval of the Assistant 

10 Attorney General, enter into a consent decree, 

11 enter into a settlement agreement, or otherwise 

12 resolve an FTC antitrust action; or 

13 (D) initiate a new FTC antitrust action. 

14 (2) ENFORCEMENT ON BEHALF OF THE DE15 PARTMENT OF JUSTICE.—Notwithstanding para16 graph (1), during the transition period, the Assist17 ant Attorney General may deputize an FTC Anti18 trust Employee to investigate or prosecute an al19 leged violation of the antitrust laws on behalf of the 

20 Department of Justice before the completion of the 

21 transfer of personnel under subsection (a)(3). 

22 (3) SAME RIGHTS AND OBLIGATIONS.— 

23 (A) IN GENERAL.—Notwithstanding any 

24 other provision of law, during the transition pe25 riod all Department of Justice employees under 


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1 the supervision of the Assistant Attorney Gen2 eral shall have the same rights and obligations 

3 with respect to confidential information sub4 mitted to the Commission as FTC antitrust em5 ployees on the day before the effective date. 

6 (B) RULE OF CONSTRUCTION.—Nothing in 

7 this paragraph may be construed as implying 

8 any change to the rights and obligations de9 scribed in subparagraph (A) as a result of this 

10 Act. 

11 (c) AGREEMENTS.—The Assistant Attorney General, 

12 in consultation with the Chairman of the Commission, 

13 shall— 

14 (1) review any agreements between the Com15 mission and any other Federal agency or any foreign 

16 law enforcement agency; and 

17 (2) before the end of the transition period, seek 

18 to amend, transfer, or rescind such agreements as 

19 necessary and appropriate to carry out this Act, en20 deavoring to complete such amendment, transfer, or 

21 rescindment with all due haste. 

22 (d) RULES.—The Attorney General shall, pursuant 

23 to section 7A of the Clayton Act (15 U.S.C. 18a) and in 

24 accordance with section 553 of title 5, United States Code, 


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1 prescribe or amend any rules as necessary to carry out 

2 this Act. 

3 SEC. 5. REMOVAL OF REVIEW AUTHORITY FROM FEDERAL 

4 COMMUNICATIONS COMMISSION AND STATE 

5 ENTITIES. 

6 (a) DEFINITIONS.—In this section— 

7 (1) the term ‘‘covered transaction’’ means any 

8 acquisition, assignment, or transfer of control of— 

9 (A) any license, authorization, or line sub10 ject to the jurisdiction of the Communications 

11 Act of 1934 (47 U.S.C. 151 et seq.); or 

12 (B) any authorization, certificate, fran13 chise, or other instrument issued by a State 

14 commission or franchising authority; and 

15 (2) the terms ‘‘State commission’’ and ‘‘fran16 chising authority’’ have the meanings given those 

17 terms in sections 3 and 602, respectively, of the 

18 Communications Act of 1934 (47 U.S.C. 153, 522). 

19 (b) REVIEW OF COMMUNICATIONS TRANSACTIONS.— 

20 (1) SOLE RESPONSIBILITY OF DEPARTMENT OF

21 JUSTICE.—Notwithstanding any provision of the 

22 Communications Act of 1934 (47 U.S.C. 151 et 

23 seq.) or any law or regulation of a State or political 

24 subdivision thereof, the review of the competitive im25 pact of any proposed covered transaction shall be 


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1 solely the responsibility of the Department of Justice 

2 pursuant to the antitrust laws, and neither the Fed3 eral Communications Commission nor any State 

4 commission or franchising authority shall have any 

5 authority to conduct such review. 

6 (2) CONSULTATION.—In reviewing the competi7 tive impact of a proposed covered transaction, the 

8 Attorney General shall solicit and consider the views 

9 of the Federal Communications Commission. 

10 (c) APPLICATION OF PUBLIC INTEREST STAND11 ARDS.— 

12 (1) IN GENERAL.—A determination of the Fed13 eral Communications Commission described in para14 graph (2) with respect to a proposed covered trans15 action shall be limited to an assessment of whether 

16 the acquirer, assignee, or transferee meets the tech17 nical, financial, character, and citizenship qualifica18 tions that the Commission has prescribed by rule 

19 under the Communications Act of 1934 (47 U.S.C. 

20 151 et seq.) to hold that license, authorization, or 

21 line. 

22 (2) DETERMINATIONS.—A determination de23 scribed in this paragraph is a determination pursu24 ant to section 214(a) or 310(d) of the Communica25 tions Act of 1934 (47 U.S.C. 214(a), 310(d)) as to 


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1 whether a proposed covered transaction would serve 

2 the public interest, without regard to whether the 

3 determination is phrased as whether the present or 

4 future public convenience and necessity require or 

5 will require the transaction or whether the public in6 terest, convenience, and necessity will be served by 

7 the transaction. 

8 SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. 

9 (a) CLAYTON ACT.—The Clayton Act (15 U.S.C. 12 

10 et seq.) is amended— 

11 (1) in section 2 (15 U.S.C. 13)— 

12 (A) in subsection (a), by striking ‘‘Federal 

13 Trade Commission’’ and inserting ‘‘Attorney 

14 General of the United States’’; and 

15 (B) in subsection (b), by striking ‘‘Com16 mission’’ and inserting ‘‘Attorney General of 

17 the United States’’; 

18 (2) in section 5(a) (15 U.S.C. 16(a)), in the 

19 second sentence, by striking ‘‘, except that, in any 

20 action or proceeding brought under the antitrust 

21 laws, collateral estoppel effect shall not be given to 

22 any finding made by the Federal Trade Commission 

23 under the antitrust laws or under section 5 of the 

24 Federal Trade Commission Act which could give rise 

25 to a claim for relief under the antitrust laws’’; 


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1 (3) in section 7 (15 U.S.C. 18)— 

2 (A) in the first undesignated paragraph, by 

3 striking ‘‘and no person subject to the jurisdic4 tion of the Federal Trade Commission shall ac5 quire the whole or any part of the assets of an6 other person engaged also in commerce or in 

7 any activity affecting commerce’’; and 

8 (B) in the second undesignated paragraph, 

9 by striking ‘‘and no person subject to the juris10 diction of the Federal Trade Commission shall 

11 acquire the whole or any part of the assets of 

12 one or more persons engaged in commerce or in 

13 any activity affecting commerce’’; 

14 (4) in section 7A (15 U.S.C. 18a)— 

15 (A) in subsection (b)— 

16 (i) in paragraph (1)(A), in the matter 

17 preceding clause (i), by striking ‘‘the Fed18 eral Trade Commission and’’; and 

19 (ii) in paragraph (2), by striking 

20 ‘‘Federal Trade Commission and the’’; 

21 (B) in subsection (c)— 

22 (i) in paragraph (6), by striking ‘‘the 

23 Federal Trade Commission and’’; and 

24 (ii) in paragraph (8), by striking ‘‘the 

25 Federal Trade Commission and’’; 


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1 (C) in subsection (d)— 

2 (i) in the matter preceding paragraph 

3 (1), by striking ‘‘Federal Trade Commis4 sion, with the concurrence of the Assistant 

5 Attorney General and’’ and inserting ‘‘At6 torney General of the United States’’; and 

7 (ii) in paragraph (1), by striking ‘‘the 

8 Federal Trade Commission and’’; 

9 (D) in subsection (e)— 

10 (i) in paragraph (1)— 

11 (I) in subparagraph (A), by strik12 ing ‘‘Federal Trade Commission or 

13 the’’; and 

14 (II) in subparagraph (B), by 

15 striking ‘‘and the Federal Trade Com16 mission shall each’’ and inserting 

17 ‘‘shall’’; and 

18 (ii) in paragraph (2)— 

19 (I) by striking ‘‘Federal Trade 

20 Commission or the’’; 

21 (II) by striking ‘‘its or’ ’’; 

22 (III) by striking ‘‘the Federal 

23 Trade Commission or’’ each place the 

24 term appears; and 


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1 (IV) by striking ‘‘, as the case 

2 may be,’’; 

3 (E) in subsection (f)— 

4 (i) by striking ‘‘the Federal Trade 

5 Commission, alleging that a proposed ac6 quisition violates section 7 of this Act or 

7 section 5 of the Federal Trade Commission 

8 Act, or an action is filed by’’; and 

9 (ii) by striking ‘‘the Federal Trade 

10 Commission or’’; 

11 (F) in subsection (g)(2), in the matter fol12 lowing subparagraph (C), by striking ‘‘the Fed13 eral Trade Commission or’’; 

14 (G) in subsection (h), by striking ‘‘or the 

15 Federal Trade Commission’’; and 

16 (H) in subsection (i)— 

17 (i) in paragraph (1), by striking ‘‘the 

18 Federal Trade Commission or’’ each place 

19 the term appears; and 

20 (ii) in paragraph (2)— 

21 (I) by striking ‘‘or the Federal Trade Com22 mission’’; and 

23 (J) by striking ‘‘, the Federal Trade Com24 mission Act,’’; and 


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1 (5) in section 8(a)(5) (15 U.S.C. 19(a)(5)), in 

2 the second sentence, by striking ‘‘Federal Trade 

3 Commission’’ and inserting ‘‘Attorney General of the 

4 United States’’. 

5 (b) CHARITABLE GIFT ANNUITY ANTITRUST RELIEF

6 ACT OF 1995.—Section 3(1) of the Charitable Gift Annu7 ity Antitrust Relief Act of 1995 (15 U.S.C. 37a(1)) is 

8 amended by striking ‘‘, except that such term includes sec9 tion 5 of the Federal Trade Commission Act (15 U.S.C. 

10 45) to the extent that such section 5 applies to unfair 

11 methods of competition’’. 

12 (c) PENSION FUNDING EQUITY ACT OF 2004.—Sec13 tion 207(b)(1)(A)(i) of the Pension Funding Equity Act 

14 of 2004 (15 U.S.C. 37b(b)(1)(A)(i)) is amended by strik15 ing ‘‘, except that such term includes section 5 of the Fed16 eral Trade Commission Act (15 U.S.C. 45) to the extent 

17 such section 5 applies to unfair methods of competition’’. 

18 (d) FEDERAL TRADE COMMISSION ACT.—The Fed19 eral Trade Commission Act (15 U.S.C. 41 et seq.) is 

20 amended— 

21 (1) in section 5 (15 U.S.C. 45)— 

22 (A) in subsection (a)— 

23 (i) in paragraph (1), by striking 

24 ‘‘methods of competition in or affecting 

25 commerce, and unfair’’; 


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1 (ii) by striking paragraph (3); and 

2 (iii) by redesignating paragraph (4) as 

3 paragraph (3); 

4 (B) in subsection (b)— 

5 (i) in the first sentence, by striking 

6 ‘‘unfair method of competition or’’; and 

7 (ii) in the fifth sentence— 

8 (I) by striking ‘‘the method of 

9 competition or’’; and 

10 (II) by striking ‘‘method of com11 petition or such’’; 

12 (C) in subsection (c)— 

13 (i) in the first sentence— 

14 (I) by striking ‘‘method of com15 petition or’’; and 

16 (II) by striking ‘‘method of com17 petition or the’’; and 

18 (ii) in the third sentence, by striking 

19 ‘‘or to competitors’’; 

20 (D) by striking subsection (e); 

21 (E) in subsection (g), by striking para22 graph (4); and 

23 (F) in subsection (n), in the first sentence, 

24 by striking ‘‘or to competition’’; 

25 (2) in section 6 (15 U.S.C. 46)— 


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1 (A) by striking subsections (c) through (e) 

2 and (i); 

3 (B) by redesignating— 

4 (i) subsections (f), (g), and (h) as 

5 subsections (c) through (e), respectively; 

6 and 

7 (ii) subsections (j) through (l) as sub8 sections (f) through (h), respectively; 

9 (C) in subsection (f)(1), as so redesig10 nated, by striking ‘‘other than Federal antitrust 

11 laws (as defined in section 12(5) of the Inter12 national Antitrust Enforcement Assistance Act 

13 of 1994 (15 U.S.C. 6211(5))),’’; and 

14 (D) in subsection (h)(2), as so redesig15 nated, in the matter preceding subparagraph 

16 (A), by striking ‘‘or competition’’; 

17 (3) by repealing section 7 (15 U.S.C. 47); 

18 (4) in section 11 (15 U.S.C. 51), by striking 

19 ‘‘antitrust Acts or the’’ each place the term appears; 

20 (5) in section 18 (15 U.S.C. 57a(a)(2)), by 

21 striking the second sentence; 

22 (6) in section 20 (15 U.S.C. 57b–1)— 

23 (A) in subsection (a)— 

24 (i) in paragraph (2), by striking ‘‘or 

25 in any antitrust violations’’; 


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1 (ii) in paragraph (3), by striking ‘‘or 

2 any provisions relating to antitrust viola3 tions’’; 

4 (iii) in paragraph (7), by striking ‘‘or 

5 any antitrust violation’’; and 

6 (iv) by striking paragraph (8); 

7 (B) in subsection (c)(1), by striking ‘‘or to 

8 antitrust violations,’’; and 

9 (C) in subsection (j)(1), by striking ‘‘, any 

10 proceeding under section 11(b) of the Clayton 

11 Act (15 U.S.C. 21(b)),’’; 

12 (7) in section 21(b)(6) (15 U.S.C. 57b– 

13 2(b)(6)), in the matter following subparagraph (D), 

14 by striking ‘‘paragraphs (5) and (7)’’ and inserting 

15 ‘‘paragraphs (4) and (6)’’; and 

16 (8) in section 21A (15 U.S.C. 57b–2a)— 

17 (A) by striking subsection (f); 

18 (B) by redesignating subsection (g) as sub19 section (f); 

20 (C) in subsection (f), as so redesignated, 

21 by striking ‘‘subsection (g)’’ each place the 

22 term appears and inserting ‘‘subsection (f)’’; 

23 and 

24 (D) in section 24 (15 U.S.C. 57b–5(a)), by 

25 striking ‘‘for any conduct which, because of the 


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1 provisions of the Act entitled ‘An Act to author2 ize association of producers of agricultural 

3 products’, approved February 18, 1922 (7 

4 U.S.C. 291 et seq., commonly known as the 

5 Capper-Volstead Act), is not a violation of any 

6 of the antitrust Acts or this Act’’. 

7 (e) WEBB-POMERENE ACT.—The Webb-Pomerene 

8 Act (15 U.S.C. 61 et seq.) is amended— 

9 (1) by repealing section 4 (15 U.S.C. 64); and 

10 (2) in section 5— 

11 (A) in the first undesignated paragraph— 

12 (i) in the first sentence, by striking 

13 ‘‘Federal Trade Commission’’ and insert14 ing ‘‘Attorney General of the United 

15 States’’; and 

16 (ii) in the second sentence, by striking 

17 ‘‘commission’’ each place the term appears 

18 and inserting ‘‘Attorney General of the 

19 United States’’; 

20 (B) in the second undesignated para21 graph— 

22 (i) in the first sentence, by striking 

23 ‘‘Federal Trade Commission’’ and insert24 ing ‘‘Attorney General of the United 

25 States’’; and 


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1 (ii) by striking the third sentence; and 

2 (C) by striking the third undesignated 

3 paragraph. 

4 (f) WOOL PRODUCTS LABELING ACT OF 1939.—The 

5 Wool Products Labeling Act of 1939 (15 U.S.C. 68 et 

6 seq.) is amended— 

7 (1) by striking ‘‘an unfair method of competi8 tion, and’’ each place the term appears; and 

9 (2) in section 68g(b), by striking ‘‘an unfair 

10 method of competition and’’. 

11 (g) FUR PRODUCTS LABELING ACT.—The Fur Prod12 ucts Labeling Act (15 U.S.C. 69 et seq.) is amended by 

13 striking ‘‘an unfair method of competition, and’’ each 

14 place the term appears. 

15 (h) TEXTILE FIBER PRODUCTS IDENTIFICATION

16 ACT.—The Textile Fiber Products Identification Act (15 

17 U.S.C. 70 et seq.) is amended— 

18 (1) by striking ‘‘an unfair method of competi19 tion, and’’ each place the term appears; and 

20 (2) in section 3 (15 U.S.C. 70a), by striking 

21 ‘‘an unfair method of competition and’’ each place 

22 the term appears. 

23 (i) ANTITRUST CIVIL PROCESS ACT.—Section 4(d) of 

24 the Antitrust Civil Process Act (15 U.S.C. 1313(d)) is 

25 amended— 


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1 (1) in paragraph (1), by striking ‘‘(1) Whoever’’ 

2 and inserting ‘‘Whoever’’; and 

3 (2) by striking paragraph (2). 

4 (j) INTERNATIONAL ANTITRUST ENFORCEMENT AS5 SISTANCE ACT OF 1994.—The International Antitrust 

6 Enforcement Assistance Act of 1994 (15 U.S.C. 6201 et 

7 seq.) is amended— 

8 (1) in section 2 (15 U.S.C. 6201), in the matter 

9 preceding paragraph (1), by striking ‘‘and the Fed10 eral Trade Commission’’; 

11 (2) in section 3(b) (15 U.S.C. 6202(b)), by 

12 striking ‘‘and the Commission may, using their re13 spective authority to investigate possible violations of 

14 the Federal antitrust laws,’’ and inserting ‘‘may’’; 

15 (3) in section 5(1) (15 U.S.C. 6204(1)), by 

16 striking ‘‘or the Commission’’ each place the term 

17 appears; 

18 (4) in section 6 (15 U.S.C. 6205)— 

19 (A) by striking ‘‘or the Commission’’; and 

20 (B) by striking ‘‘6(f)’’ and inserting 

21 ‘‘6(c)’’; 

22 (5) in section 7 (15 U.S.C. 6206)— 

23 (A) by striking ‘‘, with the concurrence of 

24 the Commission,’’ each place the term appears; 

25 and 


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1 (B) in subsection (c)(2)(B), by striking 

2 ‘‘and the Commission’’; 

3 (6) in section 8 (15 U.S.C. 6207)— 

4 (A) by striking ‘‘Neither the Attorney Gen5 eral nor the Commission may’’ each place the 

6 term appears and inserting ‘‘The Attorney Gen7 eral may not’’; 

8 (B) in subsection (a), by striking ‘‘or the 

9 Commission, as the case may be,’’; 

10 (C) in subsection (b), by striking ‘‘or the 

11 Commission’’; and 

12 (D) in subsection (c)— 

13 (i) by striking ‘‘or the Commission’’; 

14 and 

15 (ii) by striking ‘‘or the Commission, 

16 as the case may be,’’; 

17 (7) in section 10 (15 U.S.C. 6209)— 

18 (A) in subsection (a)— 

19 (i) by striking ‘‘, the Commission,’’; 

20 and 

21 (ii) by striking ‘‘(a) In General.— 

22 The’’ and inserting ‘‘The’’; and 

23 (B) by striking subsection (b); 

24 (8) in section 12 (15 U.S.C. 6211)— 

25 (A) in paragraph (2)— 


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1 (i) in the matter preceding subpara2 graph (A)— 

3 (I) by striking ‘‘and the Commis4 sion jointly determine’’ and inserting 

5 ‘‘determines’’; 

6 (II) by striking ‘‘jointly’’; and 

7 (III) by striking ‘‘and the Com8 mission’’; 

9 (ii) in subparagraph (A)— 

10 (I) by striking ‘‘and the Commis11 sion’’ each place the term appears; 

12 and 

13 (II) by striking ‘‘provide’’ and in14 serting ‘‘provides’’; 

15 (iii) in subparagraph (E)(ii), in the 

16 matter preceding subclause (I), by striking 

17 ‘‘or the Commission, as the case may be,’’; 

18 (iv) in subparagraph (F)— 

19 (I) by striking ‘‘or the Commis20 sion’’; and 

21 (II) by striking ‘‘or the Commis22 sion, respectively,’’; and 

23 (v) in subparagraph (H)— 

24 (I) in clause (i)— 


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1 (aa) by striking ‘‘or the 

2 Commission’’; and 

3 (bb) by striking ‘‘or the 

4 Commission, respectively,’’; and 

5 (II) in clause (ii), by striking ‘‘or 

6 the Commission’’ each place the term 

7 appears; 

8 (B) by striking paragraph (4); 

9 (C) by redesignating paragraphs (5) 

10 through (9) as paragraphs (4) through (8), re11 spectively; and 

12 (D) in paragraph (4), as so redesignated, 

13 by striking ‘‘but also includes section 5 of the 

14 Federal Trade Commission Act (15 U.S.C. 45) 

15 to the extent that such section 5 applies to un16 fair methods of competition’’; and 

17 (9) in section 13 (15 U.S.C. 6212)— 

18 (A) by striking ‘‘and the Commission are’’ 

19 and inserting ‘‘is’’; and 

20 (B) by striking ‘‘or the Commission, re21 spectively,’’. 

22 (k) MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, 

23 AND MODERNIZATION ACT OF 2003.—Subtitle B of title 

24 XI of the Medicare Prescription Drug, Improvement, and 


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1 Modernization Act of 2003 (Public Law 108–173; 117 

2 Stat. 2461) is amended— 

3 (1) in the subtitle heading, by striking ‘‘Federal 

4 Trade Commission’’ and inserting ‘‘Antitrust’’; 

5 (2) in section 1111 (21 U.S.C. 355 note)— 

6 (A) by striking paragraph (8); and 

7 (B) by redesignating paragraphs (9) 

8 through (12) as paragraphs (8) through (11), 

9 respectively; 

10 (3) in section 1112(c) (21 U.S.C. 355 note), by 

11 striking ‘‘and the Commission’’ each place the term 

12 appears; 

13 (4) in section 1113 (21 U.S.C. 355 note), by 

14 striking ‘‘and the Commission’’; 

15 (5) in section 1114 (21 U.S.C. 355 note), by 

16 striking ‘‘or the Commission’’; 

17 (6) in section 1115 (21 U.S.C. 355 note)— 

18 (A) in subsection (a), by striking ‘‘, or 

19 brought by the Commission in accordance with 

20 the procedures established in section 16(a)(1) 

21 of the Federal Trade Commission Act (15 

22 U.S.C. 56(a))’’; and 

23 (B) in subsection (b), by striking ‘‘or the 

24 Commission’’; 


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1 (7) in section 1116 (21 U.S.C. 355 note), in 

2 the matter preceding paragraph (1), by striking 

3 ‘‘Commission, with the concurrence of the Assistant 

4 Attorney General’’ and inserting ‘‘Attorney Gen5 eral’’; and 

6 (8) in section 1117 (21 U.S.C. 355 note), by 

7 striking ‘‘or the Commission’’ each place the term 

8 appears. 

9 (l) OTHER LAWS.—For any other provision of law re10 quiring the Assistant Attorney General or the Attorney 

11 General to consult with or seek the concurrence of the 

12 Commission or the Chairman of the Commission, where 

13 such requirement relates to the antitrust laws or unfair 

14 methods of competition under section 5 of the Federal 

15 Trade Commission Act (15 U.S.C. 45), as in effect on the 

16 day before the effective date, that requirement shall be 

17 waived. 

18 SEC. 7. EFFECTIVE DATE. 

19 Except where explicitly provided otherwise, this Act 

20 and the amendments made by this Act shall take effect 

21 on the start of the first fiscal year that is at least 90 days 

22 after the date of enactment of this Act. 

Æ 


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