I 

118TH CONGRESS 

2D SESSION H. R. 7737 

To transfer antitrust enforcement from the Federal Trade Commission to 

the Attorney General, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2024 

Mr. CLINE (for himself, Mr. FITZGERALD, and Mr. ARMSTRONG) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To transfer antitrust enforcement from the Federal Trade 

Commission to the Attorney General, 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 entity, 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) EFFECTIVE DATE.—The term ‘‘effective 

20 date’’ means the date described in section 6. 

21 (3) FTC.—The term ‘‘FTC’’ means the Fed22 eral Trade Commission. 

23 (4) FTC ANTITRUST ACTION.—The term ‘‘FTC 

24 antitrust action’’ means any investigation, litigation, 


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1 administrative proceeding, or other action at the 

2 FTC that— 

3 (A) is supervised by an FTC antitrust 

4 unit; or 

5 (B) relates to 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) FTC ANTITRUST ASSETS.—The term ‘‘FTC 

10 antitrust assets’’— 

11 (A) means all electronic or tangible records 

12 and files relating to matters supervised, as well 

13 as any physical assets or equipment owned and 

14 used or retained, by an FTC antitrust unit; and 

15 (B) does not include any office space or 

16 leased facilities or equipment. 

17 (6) FTC ANTITRUST EMPLOYEE.—The term 

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

19 on the day before the effective date is employed by 

20 the FTC and assigned to an FTC antitrust unit. 

21 (7) FTC ANTITRUST FUNDING.—The term 

22 ‘‘FTC antitrust funding’’ means all amounts appro23 priated before the effective date by an Act of Con24 gress to the FTC that are designated, by Congress 

25 or the FTC for an FTC antitrust unit. 


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1 (8) FTC ANTITRUST UNIT.—The term ‘‘FTC 

2 antitrust unit’’ means— 

3 (A) the Bureau of Competition of the 

4 FTC; and 

5 (B) each division of the Bureau of Eco6 nomics of the FTC that is designated to work 

7 on FTC antitrust actions. 

8 (9) TRANSITION PERIOD.—The term ‘‘transi9 tion period’’ means the period beginning on the ef10 fective date and ending on the later of— 

11 (A) the date that is 1 year after the effec12 tive date; or 

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

14 date described in subparagraph (A), which may 

15 be extended by the Attorney General once for 

16 an additional 180 days, if the Attorney General 

17 determines that a period longer than the period 

18 described in subparagraph (A) is necessary to 

19 avoid harm to the interests of the United States 

20 or the effective enforcement of the antitrust 

21 laws. 

22 SEC. 4. TRANSFER OF ANTITRUST ENFORCEMENT FUNC23 TIONS FROM THE FTC TO THE ATTORNEY 

24 GENERAL. 

25 (a) TRANSFER OF ACTIONS.— 


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1 (1) IN GENERAL.—There shall be transferred to 

2 the Attorney General all FTC antitrust actions, 

3 FTC antitrust employees, FTC antitrust assets, and 

4 FTC antitrust funding on the earlier of— 

5 (A) the date determined by the Attorney 

6 General under paragraph (2)(B); or 

7 (B) the end of the transition period. 

8 (2) REQUIREMENT.—The Attorney General, 

9 taking care to minimize disruption to ongoing en10 forcement matters and in consultation as necessary 

11 with the Office of Personnel Management, the Gen12 eral Services Administration, and the Chairman of 

13 the FTC, shall— 

14 (A) take all necessary actions to complete 

15 implementation of this Act before the end of the 

16 transition period; and 

17 (B) determine the dates certain, which 

18 may not be earlier than the effective date or 

19 later than the end of the transition period, on 

20 which the transfers under paragraph (1) shall 

21 occur. 

22 (3) PERSONNEL.— 

23 (A) ASSIGNMENT.—An FTC antitrust em24 ployee transferred to the Attorney General 


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1 under this Act shall be assigned to the Anti2 trust Division of the Department of Justice. 

3 (B) OFFICE SPACE.—On the request of the 

4 Attorney General, and in consultation as nec5 essary with the General Services Administra6 tion, the FTC shall allow the Attorney General 

7 to use any office space or leased facilities pre8 viously used by FTC antitrust employees until 

9 such time as the Attorney General may provide 

10 office space or facilities. After the transfer of 

11 FTC antitrust funding to the Attorney General, 

12 the Attorney General shall compensate the FTC 

13 for the costs of the use of such office space or 

14 leased facilities. 

15 (C) RESTRUCTURING.—Notwithstanding 

16 any other provision of law, the Attorney Gen17 eral is authorized to restructure the Antitrust 

18 Division of the Department of Justice before 

19 the expiration of the transition period, as the 

20 Attorney General determines is appropriate, to 

21 carry out the purposes of this Act and accom22 plish the efficient enforcement of the antitrust 

23 laws. 

24 (4) ANTITRUST ACTIONS.— 


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1 (A) IN GENERAL.—As soon as is reason2 ably practicable during the transition period, all 

3 open investigations, studies, litigations, matters, 

4 or other proceedings being supervised by an 

5 FTC antitrust unit and relating to the antitrust 

6 laws or unfair methods of competition under 

7 section 5 of the Federal Trade Commission Act 

8 (15 U.S.C. 45), as in effect on the day before 

9 the effective date, shall be transferred to and 

10 assumed by the Attorney General. 

11 (B) HANDLING OF ADMINISTRATIVE AC12 TIONS.—FTC antitrust actions that were initi13 ated by the FTC and were unresolved as of the 

14 first day of the transition period, shall be— 

15 (i) continued as the Attorney General 

16 determines is appropriate; and 

17 (ii) the FTC shall have the power to 

18 deputize former FTC antitrust employees, 

19 with the consent of the Attorney General, 

20 to continue any FTC antitrust actions as 

21 described in clause (i). 

22 (C) INTERVENTION.—Any FTC antitrust 

23 actions before a court of the United States as 

24 of the first day of the transition period, that 

25 were initiated by the FTC and were unresolved 


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1 as of the first day of the transition period, shall 

2 be— 

3 (i) continued as the Attorney General 

4 determines is appropriate; and 

5 (ii) the FTC shall have the power to 

6 deputize former FTC antitrust employees, 

7 with the consent of the Attorney General, 

8 to continue any FTC antitrust actions as 

9 described clause (i). 

10 (D) CONSENT DECREES.— 

11 (i) IN GENERAL.—At the end of the 

12 transition period, the Attorney General 

13 shall have sole authority to receive all re14 ports as required under, enforce violations 

15 of, approve modifications to, or rescind any 

16 consent decree entered into by the FTC 

17 before the effective date that concerns con18 duct alleged to violate the antitrust laws or 

19 unfair methods of competition under sec20 tion 5 of the Federal Trade Commission 

21 Act (15 U.S.C. 45), as in effect on the day 

22 before the effective date. 

23 (ii) ADMINISTRATIVE ENFORCE24 MENT.—If deemed necessary by the FTC 

25 and the Attorney General, the FTC shall 


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1 have the power to deputize former FTC 

2 antitrust employees, with the consent of 

3 the Attorney General, to enforce and nego4 tiate modifications of FTC consent decrees 

5 in effect on the day before the effective 

6 date in the FTC’s administrative process. 

7 (5) AUTHORITY TO CONDUCT INVESTIGATIVE

8 STUDIES.— 

9 (A) REPORTS OF PERSONS, PARTNER10 SHIPS, AND CORPORATIONS.— 

11 (i) IN GENERAL.—The Attorney Gen12 eral may require, by general or special or13 ders, persons, partnerships, and corpora14 tions, engaged in or whose business affects 

15 commerce to file with the Attorney General 

16 in such form as the Attorney General may 

17 prescribe annual or special reports or an18 swers in writing to specific questions, fur19 nishing to the Attorney General such infor20 mation as the Attorney General may re21 quire as to the organization, business, con22 duct, practices, management, and relation 

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1 nerships, and corporations filing such re2 ports or answers in writing. 

3 (ii) OATH.—Reports and answers re4 quired under clause (i) shall— 

5 (I) be made under oath or other6 wise as the Attorney General may pre7 scribe; 

8 (II) pertain solely to competition 

9 or the application of the antitrust 

10 laws; and 

11 (III) be filed with the Attorney 

12 General within such reasonable period 

13 as the Attorney General may pre14 scribe, unless additional time be 

15 granted in any case by the Attorney 

16 General. 

17 (B) PUBLICATION OF INFORMATION OR

18 REPORTS.— 

19 (i) IN GENERAL.—Except as provided 

20 in clause (ii), the Attorney General— 

21 (I) shall make public from time 

22 to time such portions of the informa23 tion obtained by the Attorney General 

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 Attorney General in such form and 

8 manner as may be best adapted for 

9 public information 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 Attorney 

15 General shall not make public any 

16 trade secret or any commercial or fi17 nancial information that is obtained 

18 from any person and that is privileged 

19 or confidential. 

20 (II) EXCEPTION.—The Attorney 

21 General may disclose information de22 scribed in subclause (I) to— 

23 (aa) officers and employees 

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1 cer or employee of any State law 

2 enforcement agency on the prior 

3 certification of an officer of any 

4 such Federal or State law en5 forcement agency that such infor6 mation will be maintained in con7 fidence and will be used only for 

8 official law enforcement purposes; 

9 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, except to the extent the 

24 FTC deputizes former FTC antitrust employees, 

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1 tinue any FTC antitrust actions that are ongoing 

2 and unresolved before the effective date. 

3 (b) TRANSITION PERIOD.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), beginning on the effective date, the FTC 

6 may not— 

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

8 antitrust unit; 

9 (B) open a new investigation or matter 

10 within an FTC antitrust unit or relating to the 

11 antitrust laws or unfair methods of competition 

12 under section 5 of the Federal Trade Commis13 sion Act; 

14 (C) without the approval of the Attorney 

15 General, enter into a consent decree, enter into 

16 a settlement agreement, or otherwise resolve an 

17 FTC antitrust action; or 

18 (D) initiate a new FTC antitrust action. 

19 (2) ENFORCEMENT ON BEHALF OF THE ATTOR20 NEY GENERAL.—Notwithstanding paragraph (1), 

21 during the transition period, the Attorney General 

22 may deputize an FTC antitrust employee to inves23 tigate or prosecute an alleged violation of the anti24 trust laws on behalf of the Attorney General before 


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1 the completion of the transfer of personnel under 

2 subsection (a). 

3 (3) SAME RIGHTS AND OBLIGATIONS.— 

4 (A) IN GENERAL.—Notwithstanding any 

5 other provision of law, during the transition pe6 riod all Department of Justice employees under 

7 the supervision of the Attorney General shall 

8 have the same rights and obligations with re9 spect to confidential information submitted to 

10 the FTC as FTC antitrust employees on the 

11 day before the effective date. 

12 (B) RULE OF CONSTRUCTION.—Nothing in 

13 this paragraph may be construed as implying 

14 any change to the rights and obligations de15 scribed in subparagraph (A) as a result of this 

16 Act. 

17 (c) AGREEMENTS.—The Attorney General, in con18 sultation with the Chairman of the FTC, shall— 

19 (1) review any agreements between the FTC 

20 and any other Federal agency or any foreign law en21 forcement agency; and 

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

23 to amend, transfer, or rescind such agreements as 

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1 deavoring to complete such amendment, transfer, or 

2 rescindment with all due haste. 

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

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

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

6 prescribe or amend any rules as necessary to carry out 

7 the Clayton Act. 

8 SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 

9 (a) REQUIREMENTS TO CONSULT WITH OR SEEK

10 THE CONCURRENCE.—For any provision of law requiring 

11 an executive branch agency or independent agency to con12 sult with or seek the concurrence of the FTC or the Chair13 man of the FTC, where such requirement relates to the 

14 antitrust laws or unfair methods of competition under sec15 tion 5 of the Federal Trade Commission Act (15 U.S.C. 

16 45), as in effect on the day before the effective date, that 

17 requirement shall be transferred from the FTC or the 

18 Chairman of the FTC to the Attorney General. 

19 (b) PREMERGER NOTIFICATION FILINGS.— 

20 (1) FTC PREMERGER NOTIFICATION FIL21 INGS.—For any provision of law requiring notifica22 tion to the FTC, where such requirement relates to 

23 the antitrust laws or unfair methods of competition 

24 under section 5 of the Federal Trade Commission 

25 Act (15 U.S.C. 45), as in effect on the day before 


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1 the effective date, that requirement for notification 

2 to the FTC shall be waived. 

3 (2) DEPARTMENT OF JUSTICE PREMERGER NO4 TIFICATION FILINGS.—Nothing in paragraph (b) 

5 may be construed as implying any change to the re6 quirement for any required notification to the Attor7 ney General. 

8 (c) EXISTING LITIGATION OR APPEALS.—Notwith9 standing any other provision of law, the Attorney General 

10 shall not deny resources to the FTC or otherwise disrupt 

11 existing litigation or appeals that are ongoing on the day 

12 before the effective date. 

13 (d) FUTURE ACTIONS OF ATTORNEY GENERAL.— 

14 Notwithstanding any other provision of law, nothing in 

15 this Act may be construed to limit the powers of the Attor16 ney General to enforce the antitrust laws. 

17 (e) FUTURE ACTIONS OF THE FTC.—Notwith18 standing any other provision of law, the FTC shall not 

19 open new investigations or begin enforcement actions that 

20 relates to the antitrust laws or unfair methods of competi21 tion under section 5 of the Federal Trade Commission Act 

22 (15 U.S.C. 45), except as explicitly allowed in this Act 

23 with the approval of the Attorney General and relating 

24 to an investigation, litigation, appeal, or consent decree 


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1 that was ongoing or in place on the day before the effective 

2 date. 

3 SEC. 6. EFFECTIVE DATE. 

4 Except as provided otherwise, this Act shall take ef5 fect on the start of the first fiscal year that is at least 

6 90 days after the date of enactment of this Act. 

Æ 


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