II 

116TH CONGRESS 

2D SESSION S. 4918 

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 

NOVEMBER 18, 2020 

Mr. LEE 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 6. 

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 

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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. TECHNICAL AND CONFORMING AMENDMENTS. 

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

5 et seq.) is amended— 

6 (1) in section 2 (15 U.S.C. 13)— 

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

8 Trade Commission’’ and inserting ‘‘Attorney 

9 General of the United States’’; and 

10 (B) in subsection (b), by striking ‘‘Com11 mission’’ and inserting ‘‘Attorney General of 

12 the United States’’; 

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

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

15 action or proceeding brought under the antitrust 

16 laws, collateral estoppel effect shall not be given to 

17 any finding made by the Federal Trade Commission 

18 under the antitrust laws or under section 5 of the 

19 Federal Trade Commission Act which could give rise 

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

21 (3) in section 7 (15 U.S.C. 18)— 

22 (A) in the first undesignated paragraph, by 

23 striking ‘‘and no person subject to the jurisdic24 tion of the Federal Trade Commission shall ac25 quire the whole or any part of the assets of anVerDate Sep 11 2014 00:28 Nov 26, 2020 Jkt 019200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4918.IS S4918

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1 other person engaged also in commerce or in 

2 any activity affecting commerce’’; and 

3 (B) in the second undesignated paragraph, 

4 by striking ‘‘and no person subject to the juris5 diction of the Federal Trade Commission shall 

6 acquire the whole or any part of the assets of 

7 one or more persons engaged in commerce or in 

8 any activity affecting commerce’’; 

9 (4) in section 7A (15 U.S.C. 18a)— 

10 (A) in subsection (b)— 

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

12 preceding clause (i), by striking ‘‘the Fed13 eral Trade Commission and’’; and 

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

15 ‘‘Federal Trade Commission and the’’; 

16 (B) in subsection (c)— 

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

18 Federal Trade Commission and’’; and 

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

20 Federal Trade Commission and’’; 

21 (C) in subsection (d)— 

22 (i) in the matter preceding paragraph 

23 (1), by striking ‘‘Federal Trade Commis24 sion, with the concurrence of the Assistant 


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1 Attorney General and’’ and inserting ‘‘At2 torney General of the United States’’; and 

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

4 Federal Trade Commission and’’; 

5 (D) in subsection (e)— 

6 (i) in paragraph (1)— 

7 (I) in subparagraph (A), by strik8 ing ‘‘Federal Trade Commission or 

9 the’’; and 

10 (II) in subparagraph (B), by 

11 striking ‘‘and the Federal Trade Com12 mission shall each’’ and inserting 

13 ‘‘shall’’; and 

14 (ii) in paragraph (2)— 

15 (I) by striking ‘‘Federal Trade 

16 Commission or the’’; 

17 (II) by striking ‘‘its or’ ’’; 

18 (III) by striking ‘‘the Federal 

19 Trade Commission or’’ each place the 

20 term appears; and 

21 (IV) by striking ‘‘, as the case 

22 may be,’’; 

23 (E) in subsection (f)— 

24 (i) by striking ‘‘the Federal Trade 

25 Commission, alleging that a proposed acVerDate Sep 11 2014 00:28 Nov 26, 2020 Jkt 019200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4918.IS S4918

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1 quisition violates section 7 of this Act or 

2 section 5 of the Federal Trade Commission 

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

4 (ii) by striking ‘‘the Federal Trade 

5 Commission or’’; 

6 (F) in subsection (g)(2), in the matter fol7 lowing subparagraph (C), by striking ‘‘the Fed8 eral Trade Commission or’’; 

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

10 Federal Trade Commission’’; and 

11 (H) in subsection (i)— 

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

13 Federal Trade Commission or’’ each place 

14 the term appears; and 

15 (ii) in paragraph (2)— 

16 (I) by striking ‘‘or the Federal Trade Com17 mission’’; and 

18 (J) by striking ‘‘, the Federal Trade Com19 mission Act,’’; and 

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

21 the second sentence, by striking ‘‘Federal Trade 

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

23 United States’’. 

24 (b) CHARITABLE GIFT ANNUITY ANTITRUST RELIEF

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1 ity Antitrust Relief Act of 1995 (15 U.S.C. 37a(1)) is 

2 amended by striking ‘‘, except that such term includes sec3 tion 5 of the Federal Trade Commission Act (15 U.S.C. 

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

5 methods of competition’’. 

6 (c) PENSION FUNDING EQUITY ACT OF 2004.—Sec7 tion 207(b)(1)(A)(i) of the Pension Funding Equity Act 

8 of 2004 (15 U.S.C. 37b(b)(1)(A)(i)) is amended by strik9 ing ‘‘, except that such term includes section 5 of the Fed10 eral Trade Commission Act (15 U.S.C. 45) to the extent 

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

12 (d) FEDERAL TRADE COMMISSION ACT.—The Fed13 eral Trade Commission Act (15 U.S.C. 41 et seq.) is 

14 amended— 

15 (1) in section 5 (15 U.S.C. 45)— 

16 (A) in subsection (a)— 

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

18 ‘‘methods of competition in or affecting 

19 commerce, and unfair’’; 

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

21 (iii) by redesignating paragraph (4) as 

22 paragraph (3); 

23 (B) in subsection (b)— 

24 (i) in the first sentence, by striking 

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


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1 (ii) in the fifth sentence— 

2 (I) by striking ‘‘the method of 

3 competition or’’; and 

4 (II) by striking ‘‘method of com5 petition or such’’; 

6 (C) in subsection (c)— 

7 (i) in the first sentence— 

8 (I) by striking ‘‘method of com9 petition or’’; and 

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

12 (ii) in the third sentence, by striking 

13 ‘‘or to competitors’’; 

14 (D) by striking subsection (e); 

15 (E) in subsection (g), by striking para16 graph (4); and 

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

18 by striking ‘‘or to competition’’; 

19 (2) in section 6 (15 U.S.C. 46)— 

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

21 and (i); 

22 (B) by redesignating— 

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

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

25 and 


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1 (ii) subsections (j) through (l) as sub2 sections (f) through (h), respectively; 

3 (C) in subsection (f)(1), as so redesig4 nated, by striking ‘‘other than Federal antitrust 

5 laws (as defined in section 12(5) of the Inter6 national Antitrust Enforcement Assistance Act 

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

8 (D) in subsection (h)(2), as so redesig9 nated, in the matter preceding subparagraph 

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

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

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

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

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

15 striking the second sentence; 

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

17 (A) in subsection (a)— 

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

19 in any antitrust violations’’; 

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

21 any provisions relating to antitrust viola22 tions’’; 

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

24 any antitrust violation’’; and 

25 (iv) by striking paragraph (8); 


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

2 antitrust violations,’’; and 

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

4 proceeding under section 11(b) of the Clayton 

5 Act (15 U.S.C. 21(b)),’’; 

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

7 2(b)(6)), in the matter following subparagraph (D), 

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

9 ‘‘paragraphs (4) and (6)’’; and 

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

11 (A) by striking subsection (f); 

12 (B) by redesignating subsection (g) as sub13 section (f); 

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

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

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

17 and 

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

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

20 provisions of the Act entitled ‘An Act to author21 ize association of producers of agricultural 

22 products’, approved February 18, 1922 (7 

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

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

25 of the antitrust Acts or this Act’’. 


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

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

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

4 (2) in section 5— 

5 (A) in the first undesignated paragraph— 

6 (i) in the first sentence, by striking 

7 ‘‘Federal Trade Commission’’ and insert8 ing ‘‘Attorney General of the United 

9 States’’; and 

10 (ii) in the second sentence, by striking 

11 ‘‘commission’’ each place the term appears 

12 and inserting ‘‘Attorney General of the 

13 United States’’; 

14 (B) in the second undesignated para15 graph— 

16 (i) in the first sentence, by striking 

17 ‘‘Federal Trade Commission’’ and insert18 ing ‘‘Attorney General of the United 

19 States’’; and 

20 (ii) by striking the third sentence; and 

21 (C) by striking the third undesignated 

22 paragraph. 

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

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

25 seq.) is amended— 


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1 (1) by striking ‘‘an unfair method of competi2 tion, and’’ each place the term appears; and 

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

4 method of competition and’’. 

5 (g) FUR PRODUCTS LABELING ACT.—The Fur Prod6 ucts Labeling Act (15 U.S.C. 69 et seq.) is amended by 

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

8 place the term appears. 

9 (h) TEXTILE FIBER PRODUCTS IDENTIFICATION

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

11 U.S.C. 70 et seq.) is amended— 

12 (1) by striking ‘‘an unfair method of competi13 tion, and’’ each place the term appears; and 

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

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

16 the term appears. 

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

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

19 amended— 

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

21 and inserting ‘‘Whoever’’; and 

22 (2) by striking paragraph (2). 

23 (j) INTERNATIONAL ANTITRUST ENFORCEMENT AS24 SISTANCE ACT OF 1994.—The International Antitrust 


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

2 seq.) is amended— 

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

4 preceding paragraph (1), by striking ‘‘and the Fed5 eral Trade Commission’’; 

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

7 striking ‘‘and the Commission may, using their re8 spective authority to investigate possible violations of 

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

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

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

12 appears; 

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

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

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

16 ‘‘6(c)’’; 

17 (5) in section 7 (15 U.S6206)— 

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

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

20 and 

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

22 ‘‘and the Commission’’; 

23 (6) in section 8 (15 U.S.C. 6207)— 

24 (A) by striking ‘‘Neither the Attorney Gen25 eral nor the Commission may’’ each place the 


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1 term appears and inserting ‘‘The Attorney Gen2 eral may not’’; 

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

4 Commission, as the case may be,’’; 

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

6 Commission’’; and 

7 (D) in subsection (c)— 

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

9 and 

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

11 as the case may be,’’; 

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

13 (A) in subsection (a)— 

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

15 and 

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

17 The’’ and inserting ‘‘The’’; and 

18 (B) by striking subsection (b); 

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

20 (A) in paragraph (2)— 

21 (i) in the matter preceding subpara22 graph (A)— 

23 (I) by striking ‘‘and the Commis24 sion jointly determine’’ and inserting 

25 ‘‘determines’’; 


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1 (II) by striking ‘‘jointly’’; and 

2 (III) by striking ‘‘and the Com3 mission’’; 

4 (ii) in subparagraph (A)— 

5 (I) by striking ‘‘and the Commis6 sion’’ each place the term appears; 

7 and 

8 (II) by striking ‘‘provide’’ and in9 serting ‘‘provides’’; 

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

11 matter preceding subclause (I), by striking 

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

13 (iv) in subparagraph (F)— 

14 (I) by striking ‘‘or the Commis15 sion’’; and 

16 (II) by striking ‘‘or the Commis17 sion, respectively,’’; and 

18 (v) in subparagraph (H)— 

19 (I) in clause (i)— 

20 (aa) by striking ‘‘or the 

21 Commission’’; and 

22 (bb) by striking ‘‘or the 

23 Commission, respectively,’’; and 


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

2 the Commission’’ each place the term 

3 appears; 

4 (B) by striking paragraph (4); 

5 (C) by redesignating paragraphs (5) 

6 through (9) as paragraphs (4) through (8), re7 spectively; and 

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

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

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

11 to the extent that such section 5 applies to un12 fair methods of competition’’; and 

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

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

15 and inserting ‘‘is’’; and 

16 (B) by striking ‘‘or the Commission, re17 spectively,’’. 

18 (k) MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, 

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

20 XI of the Medicare Prescription Drug, Improvement, and 

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

22 Stat. 2461) is amended— 

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

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

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


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

2 (B) by redesignating paragraphs (9) 

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

4 respectively; 

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

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

7 appears; 

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

9 striking ‘‘and the Commission’’; 

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

11 striking ‘‘or the Commission’’; 

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

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

14 brought by the Commission in accordance with 

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

16 of the Federal Trade Commission Act (15 

17 U.S.C. 56(a))’’; and 

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

19 Commission’’; 

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

21 the matter preceding paragraph (1), by striking 

22 ‘‘Commission, with the concurrence of the Assistant 

23 Attorney General’’ and inserting ‘‘Attorney Gen24 eral’’; and 


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

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

3 appears. 

4 (l) OTHER LAWS.—For any other provision of law re5 quiring the Assistant Attorney General or the Attorney 

6 General to consult with or seek the concurrence of the 

7 Commission or the Chairman of the Commission, where 

8 such requirement relates to the antitrust laws or unfair 

9 methods of competition under section 5 of the Federal 

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

11 day before the effective date, that requirement shall be 

12 waived. 

13 SEC. 6. EFFECTIVE DATE. 

14 Except where explicitly provided otherwise, this Act 

15 and the amendments made by this Act shall take effect 

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

17 after the date of enactment of this Act. 

Æ 


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