I 

117TH CONGRESS 

1ST SESSION H. R. 2926 

To transfer antitrust enforcement functions from the Federal Trade 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2021 

Mr. JOHNSON of Louisiana (for himself, Mr. JORDAN, and Mr. STEUBE) introduced the following bill; which was referred to the Committee on the 

Judiciary, and in addition to the Committee on Energy and Commerce, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

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: 


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1 (1) It is the policy of the United States to pro2 mote the vigorous, effective, and efficient enforce3 ment of the antitrust laws. 

4 (2) The overlapping antitrust enforcement ju5 risdiction of the Department of Justice and the Fed6 eral Trade Commission has wasted taxpayer re7 sources, hampered enforcement efforts, and caused 

8 uncertainty for businesses and consumers in the 

9 United States. 

10 (3) It is preferable that primary Federal re11 sponsibility for enforcing the antitrust laws of the 

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

13 Department of Justice is best suited to do so. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

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

17 laws’’ means— 

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

19 and 

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

21 seq.). 

22 (2) ASSISTANT ATTORNEY GENERAL.—The 

23 term ‘‘Assistant Attorney General’’ means the As24 sistant Attorney General for the Antitrust Division 

25 of the Department of Justice. 


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

2 means the Federal Trade Commission. 

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

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

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

6 antitrust action’’ means any litigation or administra7 tive proceeding initiated by the Commission that— 

8 (A) is supervised by an FTC Antitrust 

9 Unit; or 

10 (B) relates to the antitrust laws or section 

11 5 of the Federal Trade Commission Act (15 

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

13 effective date. 

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

15 antitrust assets’’— 

16 (A) means all electronic or tangible records 

17 and files relating to matters supervised, as well 

18 as any physical assets or equipment owned and 

19 used or retained, by an FTC Antitrust Unit; 

20 and 

21 (B) does not include any office space or 

22 leased facilities or equipment. 

23 (7) FTC ANTITRUST EMPLOYEE.—The term 

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

25 on the day before the effective date is employed by 


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1 the Federal Trade Commission and assigned to an 

2 FTC Antitrust Unit. 

3 (8) FTC ANTITRUST FUNCTION.—The term 

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

5 Commission relating to the antitrust laws or unfair 

6 methods of competition under section 5 of the Fed7 eral Trade Commission Act (15 U.S.C. 45), as in ef8 fect on the day before the effective date. 

9 (9) FTC ANTITRUST FUNDING.—The term 

10 ‘‘FTC antitrust funding’’ means— 

11 (A) all amounts appropriated before the ef12 fective date by an Act of Congress to the Fed13 eral Trade Commission that are designated, by 

14 Congress or the Commission, for an FTC Anti15 trust Unit; and 

16 (B) all fees collected by the Federal Trade 

17 Commission before the effective date under sec18 tion 7A of the Clayton Act (15 U.S.C. 18a) and 

19 rules issued under that section. 

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

21 Antitrust Unit’’ means— 

22 (A) the Bureau of Competition of the 

23 Commission; and 


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1 (B) each division of the Bureau of Eco2 nomics of the Commission that is designated to 

3 work on FTC antitrust actions. 

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

5 any duty, obligation, power, authority, responsibility, 

6 right, privilege, activity, or program. 

7 (12) TRANSITION PERIOD.—The term ‘‘transi8 tion period’’ means the period beginning on the ef9 fective date of this Act and ending on the later of— 

10 (A) the date that is 1 year after the effec11 tive date of this Act; or 

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

13 date described in subparagraph (A), which may 

14 be extended by the Assistant Attorney General 

15 once for an additional 180 days, if the Assist16 ant Attorney General determines that a period 

17 longer than the period described in subpara18 graph (A) is necessary to avoid harm to the in19 terests of the United States or the effective en20 forcement of the antitrust laws. 

21 SEC. 4. TRANSFER OF ANTITRUST ENFORCEMENT FUNC22 TIONS FROM THE FEDERAL TRADE COMMIS23 SION TO THE DEPARTMENT OF JUSTICE. 

24 (a) TRANSFER OF FUNCTIONS.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (3)(D), there shall be transferred to the De3 partment of Justice all FTC antitrust functions, 

4 FTC antitrust employees, FTC antitrust assets, and 

5 FTC antitrust funding on the earlier of— 

6 (A) the date determined by the Assistant 

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

8 (B) the end of the transition period. 

9 (2) REQUIREMENT.—The Assistant Attorney 

10 General, taking care to minimize disruption to ongo11 ing enforcement matters and in consultation as nec12 essary with the Attorney General, the Office of Per13 sonnel Management, the General Services Adminis14 tration, and the Chairman of the Commission, 

15 shall— 

16 (A) take all necessary actions to complete 

17 implementation of this Act before the end of the 

18 transition period; and 

19 (B) determine the dates certain, which 

20 may not be earlier than the effective date nor 

21 later than the end of the transition period, on 

22 which the transfers under paragraph (1) shall 

23 occur. 

24 (3) PERSONNEL.— 


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1 (A) ASSIGNMENT.—An FTC antitrust em2 ployee transferred to the Department of Justice 

3 under this Act shall be assigned to the Anti4 trust Division of the Department of Justice. 

5 (B) EFFECT ON PERSONNEL.—Except as 

6 provided in subparagraph (C), the transfer 

7 under this Act of an FTC antitrust employee 

8 shall not cause the employee to be separated or 

9 reduced in grade or compensation for 1 year 

10 after the transfer date. 

11 (C) EXECUTIVE SCHEDULE.—Notwith12 standing subparagraph (B), the Assistant At13 torney General may appoint an FTC antitrust 

14 employee in a Senior Executive Service position, 

15 as defined in section 3132 of title 5, United 

16 States Code, to a position within the Antitrust 

17 Division rate payable for a position at level 15, 

18 step 10 of the General Schedule. 

19 (D) VOLUNTARY NONTRANSFER OF PER20 SONNEL.—Notwithstanding paragraph (1), an 

21 FTC antitrust employee may, with the consent 

22 of the Chairman of the Commission, elect to re23 main an employee of the Commission assigned 

24 to a non-FTC Antitrust Unit. 


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1 (E) OFFICE SPACE.—Upon request from 

2 the Assistant Attorney General, and in con3 sultation as necessary with the General Services 

4 Administration, the Commission shall allow the 

5 Department of Justice to use any office space 

6 or leased facilities previously used by FTC anti7 trust employees until such time as the Depart8 ment of Justice may provide its own office 

9 space or facilities. After the transfer of FTC 

10 antitrust funding to the Department of Justice, 

11 the Department of Justice shall compensate the 

12 Commission for the costs of the use of such of13 fice space or leased facilities. 

14 (F) RESTRUCTURING.—Notwithstanding 

15 any other provision of law, the Assistant Attor16 ney General is authorized to restructure the 

17 Antitrust Division before the expiration of the 

18 transition period, as the Assistant Attorney 

19 General determines is appropriate, to carry out 

20 the purposes of this Act and accomplish the ef21 ficient enforcement of the antitrust laws. 

22 (4) ANTITRUST ACTIONS.— 

23 (A) IN GENERAL.—As soon as is reason24 ably practicable during the transition period, all 

25 open investigations, litigations, matters, or 


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1 other proceedings being supervised by an FTC 

2 antitrust unit and relating to the antitrust laws 

3 or unfair methods of competition under section 

4 5 of the Federal Trade Commission Act (15 

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

6 effective date, shall be transferred to and as7 sumed by the Department of Justice. 

8 (B) HANDLING OF CERTAIN ADMINISTRA9 TIVE PROCEEDINGS.—Administrative pro10 ceedings that were initiated by the Commission, 

11 were unresolved as of the first day of the tran12 sition period, and relate to enforcement of the 

13 antitrust laws or unfair methods of competition 

14 under section 5 of the Federal Trade Commis15 sion Act (15 U.S.C. 45), as in effect on the day 

16 before the effective date, shall be treated in the 

17 following manner: 

18 (i) Any such proceeding pending be19 fore an administrative law judge shall be 

20 dismissed without prejudice and the matter 

21 shall be referred to the Assistant Attorney 

22 General. 

23 (ii) For any such proceeding pending 

24 on appeal before the Commission, the ad25 ministrative appeal shall cease, the ruling 


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1 of the administrative law judge shall be 

2 treated as the final decision of the Com3 mission, and the Court of Appeals for the 

4 District of Columbia Circuit shall have ju5 risdiction over any appeal therefrom. 

6 (C) INTERVENTION.— 

7 (i) IN GENERAL.—In any FTC anti8 trust action before a court of the United 

9 States as of the first day of the transition 

10 period, the court shall allow the Depart11 ment of Justice to— 

12 (I) intervene and assume rep13 resentation of the Federal Govern14 ment from the Commission; and 

15 (II) amend any complaint origi16 nally brought by the Commission for 

17 the purpose of alleging violations of 

18 statutes other than the Federal Trade 

19 Commission Act as necessary and 

20 where appropriate. 

21 (ii) SCHEDULING ORDER UPON RE22 QUEST.—Upon the request of the Commis23 sion or the Department of Justice, and in 

24 consultation with all parties to the matter, 

25 the court shall issue an order making such 


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1 scheduling adjustments as necessary to fa2 cilitate the transfer of prosecutorial re3 sponsibilities under this subparagraph. 

4 (D) CONSENT DECREES.—At the end of 

5 the transition period, the Department of Justice 

6 shall have sole authority to enforce violations 

7 of, approve modifications to, or rescind any con8 sent decree entered into by the Commission be9 fore the effective date that concerns conduct al10 leged to violate the antitrust laws or unfair 

11 methods of competition under section 5 of the 

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

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

14 (5) AUTHORITY TO CONDUCT INVESTIGATIVE

15 STUDIES.— 

16 (A) REPORTS OF PERSONS, PARTNER17 SHIPS, AND CORPORATIONS.— 

18 (i) IN GENERAL.—The Department of 

19 Justice may require, by general or special 

20 orders, persons, partnerships, and corpora21 tions, engaged in or whose business affects 

22 commerce to file with the Department in 

23 such form as the Department may pre24 scribe annual or special reports or answers 

25 in writing to specific questions, furnishing 


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1 to the Department such information as the 

2 Department may require as to the organi3 zation, business, conduct, practices, man4 agement, and relation to other corpora5 tions, partnerships, and individuals of the 

6 respective persons, partnerships, and cor7 porations filing such reports or answers in 

8 writing. 

9 (ii) OATH.—Reports and answers re10 quired under clause (i) shall— 

11 (I) be made under oath or other12 wise as the Department may pre13 scribe; 

14 (II) pertain solely to competition 

15 or the application of the antitrust 

16 laws; and 

17 (III) be filed with the Depart18 ment within such reasonable period as 

19 the Department may prescribe, unless 

20 additional time be granted in any case 

21 by the Department. 

22 (B) PUBLICATION OF INFORMATION OR

23 REPORTS.— 

24 (i) IN GENERAL.—Except as provided 

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


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1 (I) shall make public from time 

2 to time such portions of the informa3 tion obtained by the Department 

4 under this paragraph as are in the 

5 public interest; 

6 (II) may make annual and spe7 cial reports to Congress that include 

8 recommendations for additional legis9 lation; and 

10 (III) shall provide for the publi11 cation of reports and decisions of the 

12 Department in such form and manner 

13 as may be best adapted for public in14 formation and use. 

15 (ii) PROHIBITION AGAINST PUBLICA16 TION OF PRIVILEGED OR CONFIDENTIAL

17 INFORMATION.— 

18 (I) IN GENERAL.—Except as pro19 vided in subclause (II), the Depart20 ment of Justice shall not make public 

21 any trade secret or any commercial or 

22 financial information that is obtained 

23 from any person and that is privileged 

24 or confidential. 


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1 (II) EXCEPTION.—The Depart2 ment may disclose information de3 scribed in subclause (I) to— 

4 (aa) officers and employees 

5 of appropriate Federal law en6 forcement agencies or to any offi7 cer or employee of any State law 

8 enforcement agency upon the 

9 prior certification of an officer of 

10 any such Federal or State law 

11 enforcement agency that such in12 formation will be maintained in 

13 confidence and will be used only 

14 for official law enforcement pur15 poses; or 

16 (bb) any officer or employee 

17 of any foreign law enforcement 

18 agency under the same cir19 cumstances that making material 

20 available to foreign law enforce21 ment agencies is permitted under 

22 section 21(b) of the Federal 

23 Trade Commission Act (15 

24 U.S.C. 57b–2(b)). 


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1 (6) BENEFIT OF ANTITRUST DIVISION.—All 

2 FTC antitrust assets and FTC antitrust funding 

3 transferred under this subsection shall be for the ex4 clusive use and benefit of the Antitrust Division of 

5 the Department of Justice. 

6 (b) TRANSITION PERIOD.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), beginning on the effective date, the Com9 mission may not— 

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

11 Antitrust Unit; 

12 (B) open a new investigation or matter 

13 within an FTC Antitrust Unit or relating to 

14 antitrust enforcement; 

15 (C) without the approval of the Assistant 

16 Attorney General, enter into a consent decree, 

17 enter into a settlement agreement, or otherwise 

18 resolve an FTC antitrust action; or 

19 (D) initiate a new FTC antitrust action. 

20 (2) ENFORCEMENT ON BEHALF OF THE DE21 PARTMENT OF JUSTICE.—Notwithstanding para22 graph (1), during the transition period, the Assist23 ant Attorney General may deputize an FTC Anti24 trust Employee to investigate or prosecute an al25 leged violation of the antitrust laws on behalf of the 


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1 Department of Justice before the completion of the 

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

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 Assistant Attorney Gen8 eral shall have the same rights and obligations 

9 with respect to confidential information sub10 mitted to the Commission as FTC antitrust em11 ployees on the 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 Assistant Attorney General, 

18 in consultation with the Chairman of the Commission, 

19 shall— 

20 (1) review any agreements between the Com21 mission and any other Federal agency or any foreign 

22 law enforcement agency; and 

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

24 to amend, transfer, or rescind such agreements as 

25 necessary and appropriate to carry out this Act, enVerDate Sep 11 2014 01:59 Jun 19, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2926.IH H2926

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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 this Act. 

8 SEC. 5. REMOVAL OF REVIEW AUTHORITY FROM FEDERAL 

9 COMMUNICATIONS COMMISSION AND STATE 

10 ENTITIES. 

11 (a) DEFINITIONS.—In this section— 

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

13 acquisition, assignment, or transfer of control of— 

14 (A) any license, authorization, or line sub15 ject to the jurisdiction of the Communications 

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

17 (B) any authorization, certificate, fran18 chise, or other instrument issued by a State 

19 commission or franchising authority; and 

20 (2) the terms ‘‘State commission’’ and ‘‘fran21 chising authority’’ have the meanings given those 

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

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

24 (b) REVIEW OF COMMUNICATIONS TRANSACTIONS.— 


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1 (1) SOLE RESPONSIBILITY OF DEPARTMENT OF

2 JUSTICE.—Notwithstanding any provision of the 

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

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

5 subdivision thereof, the review of the competitive im6 pact of any proposed covered transaction shall be 

7 solely the responsibility of the Department of Justice 

8 pursuant to the antitrust laws, and neither the Fed9 eral Communications Commission nor any State 

10 commission or franchising authority shall have any 

11 authority to conduct such review. 

12 (2) CONSULTATION.—In reviewing the competi13 tive impact of a proposed covered transaction, the 

14 Attorney General shall solicit and consider the views 

15 of the Federal Communications Commission. 

16 (c) APPLICATION OF PUBLIC INTEREST STAND17 ARDS.— 

18 (1) IN GENERAL.—A determination of the Fed19 eral Communications Commission described in para20 graph (2) with respect to a proposed covered trans21 action shall be limited to an assessment of whether 

22 the acquirer, assignee, or transferee meets the tech23 nical, financial, character, and citizenship qualifica24 tions that the Commission has prescribed by rule 

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


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1 151 et seq.) to hold that license, authorization, or 

2 line. 

3 (2) DETERMINATIONS.—A determination de4 scribed in this paragraph is a determination pursu5 ant to section 214(a) or 310(d) of the Communica6 tions Act of 1934 (47 U.S.C. 214(a), 310(d)) as to 

7 whether a proposed covered transaction would serve 

8 the public interest, without regard to whether the 

9 determination is phrased as whether the present or 

10 future public convenience and necessity require or 

11 will require the transaction or whether the public in12 terest, convenience, and necessity will be served by 

13 the transaction. 

14 SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS. 

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

16 et seq.) is amended— 

17 (1) in section 2 (15 U.S.C. 13)— 

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

19 Trade Commission’’ and inserting ‘‘Attorney 

20 General of the United States’’; and 

21 (B) in subsection (b), by striking ‘‘Com22 mission’’ and inserting ‘‘Attorney General of 

23 the United States’’; 

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

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


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1 action or proceeding brought under the antitrust 

2 laws, collateral estoppel effect shall not be given to 

3 any finding made by the Federal Trade Commission 

4 under the antitrust laws or under section 5 of the 

5 Federal Trade Commission Act which could give rise 

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

7 (3) in section 7 (15 U.S.C. 18)— 

8 (A) in the first undesignated paragraph, by 

9 striking ‘‘and no person subject to the jurisdic10 tion of the Federal Trade Commission shall ac11 quire the whole or any part of the assets of an12 other person engaged also in commerce or in 

13 any activity affecting commerce’’; and 

14 (B) in the second undesignated paragraph, 

15 by striking ‘‘and no person subject to the juris16 diction of the Federal Trade Commission shall 

17 acquire the whole or any part of the assets of 

18 one or more persons engaged in commerce or in 

19 any activity affecting commerce’’; 

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

21 (A) in subsection (b)— 

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

23 preceding clause (i), by striking ‘‘the Fed24 eral Trade Commission and’’; and 


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

2 ‘‘Federal Trade Commission and the’’; 

3 (B) in subsection (c)— 

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

5 Federal Trade Commission and’’; and 

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

7 Federal Trade Commission and’’; 

8 (C) in subsection (d)— 

9 (i) in the matter preceding paragraph 

10 (1), by striking ‘‘Federal Trade Commis11 sion, with the concurrence of the Assistant 

12 Attorney General and’’ and inserting ‘‘At13 torney General of the United States’’; and 

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

15 Federal Trade Commission and’’; 

16 (D) in subsection (e)— 

17 (i) in paragraph (1)— 

18 (I) in subparagraph (A), by strik19 ing ‘‘Federal Trade Commission or 

20 the’’; and 

21 (II) in subparagraph (B), by 

22 striking ‘‘and the Federal Trade Com23 mission shall each’’ and inserting 

24 ‘‘shall’’; and 

25 (ii) in paragraph (2)— 


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1 (I) by striking ‘‘Federal Trade 

2 Commission or the’’; 

3 (II) by striking ‘‘its or’ ’’; 

4 (III) by striking ‘‘the Federal 

5 Trade Commission or’’ each place the 

6 term appears; and 

7 (IV) by striking ‘‘, as the case 

8 may be,’’; 

9 (E) in subsection (f)— 

10 (i) by striking ‘‘the Federal Trade 

11 Commission, alleging that a proposed ac12 quisition violates section 7 of this Act or 

13 section 5 of the Federal Trade Commission 

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

15 (ii) by striking ‘‘the Federal Trade 

16 Commission or’’; 

17 (F) in subsection (g)(2), in the matter fol18 lowing subparagraph (C), by striking ‘‘the Fed19 eral Trade Commission or’’; 

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

21 Federal Trade Commission’’; 

22 (H) in subsection (i)— 

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

24 Federal Trade Commission or’’ each place 

25 the term appears; and 


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1 (ii) in paragraph (2)— 

2 (I) by striking ‘‘or the Federal Trade Com3 mission’’; and 

4 (J) by striking ‘‘, the Federal Trade Com5 mission Act,’’; and 

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

7 the second sentence, by striking ‘‘Federal Trade 

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

9 United States’’. 

10 (b) CHARITABLE GIFT ANNUITY ANTITRUST RELIEF

11 ACT OF 1995.—Section 3(1) of the Charitable Gift Annu12 ity Antitrust Relief Act of 1995 (15 U.S.C. 37a(1)) is 

13 amended by striking ‘‘, except that such term includes sec14 tion 5 of the Federal Trade Commission Act (15 U.S.C. 

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

16 methods of competition’’. 

17 (c) PENSION FUNDING EQUITY ACT OF 2004.—Sec18 tion 207(b)(1)(A)(i) of the Pension Funding Equity Act 

19 of 2004 (15 U.S.C. 37b(b)(1)(A)(i)) is amended by strik20 ing ‘‘, except that such term includes section 5 of the Fed21 eral Trade Commission Act (15 U.S.C. 45) to the extent 

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

23 (d) FEDERAL TRADE COMMISSION ACT.—The Fed24 eral Trade Commission Act (15 U.S.C. 41 et seq.) is 

25 amended— 


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1 (1) in section 5 (15 U.S.C. 45)— 

2 (A) in subsection (a)— 

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

4 ‘‘methods of competition in or affecting 

5 commerce, and unfair’’; 

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

7 (iii) by redesignating paragraph (4) as 

8 paragraph (3); 

9 (B) in subsection (b)— 

10 (i) in the first sentence, by striking 

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

12 (ii) in the fifth sentence— 

13 (I) by striking ‘‘the method of 

14 competition or’’; and 

15 (II) by striking ‘‘method of com16 petition or such’’; 

17 (C) in subsection (c)— 

18 (i) in the first sentence— 

19 (I) by striking ‘‘method of com20 petition or’’; and 

21 (II) by striking ‘‘method of com22 petition or the’’; and 

23 (ii) in the third sentence, by striking 

24 ‘‘or to competitors’’; 

25 (D) by striking subsection (e); 


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1 (E) in subsection (g), by striking para2 graph (4); and 

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

4 by striking ‘‘or to competition’’; 

5 (2) in section 6 (15 U.S.C. 46)— 

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

7 and (i); 

8 (B) by redesignating— 

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

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

11 and 

12 (ii) subsections (j) through (l) as sub13 sections (f) through (h), respectively; 

14 (C) in subsection (f)(1), as so redesig15 nated, by striking ‘‘other than Federal antitrust 

16 laws (as defined in section 12(5) of the Inter17 national Antitrust Enforcement Assistance Act 

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

19 (D) in subsection (h)(2), as so redesig20 nated, in the matter preceding subparagraph 

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

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

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

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


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

2 striking the second sentence; 

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

4 (A) in subsection (a)— 

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

6 in any antitrust violations’’; 

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

8 any provisions relating to antitrust viola9 tions’’; 

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

11 any antitrust violation’’; and 

12 (iv) by striking paragraph (8); 

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

14 antitrust violations,’’; and 

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

16 proceeding under section 11(b) of the Clayton 

17 Act (15 U.S.C. 21(b)),’’; 

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

19 2(b)(6)), in the matter following subparagraph (D), 

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

21 ‘‘paragraphs (4) and (6)’’; and 

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

23 (A) by striking subsection (f); 

24 (B) by redesignating subsection (g) as sub25 section (f); 


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

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

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

4 and 

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

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

7 provisions of the Act entitled ‘An Act to author8 ize association of producers of agricultural 

9 products’, approved February 18, 1922 (7 

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

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

12 of the antitrust Acts or this Act’’. 

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

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

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

16 (2) in section 5— 

17 (A) in the first undesignated paragraph— 

18 (i) in the first sentence, by striking 

19 ‘‘Federal Trade Commission’’ and insert20 ing ‘‘Attorney General of the United 

21 States’’; and 

22 (ii) in the second sentence, by striking 

23 ‘‘commission’’ each place the term appears 

24 and inserting ‘‘Attorney General of the 

25 United States’’; 


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1 (B) in the second undesignated para2 graph— 

3 (i) in the first sentence, by striking 

4 ‘‘Federal Trade Commission’’ and insert5 ing ‘‘Attorney General of the United 

6 States’’; and 

7 (ii) by striking the third sentence; and 

8 (C) by striking the third undesignated 

9 paragraph. 

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

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

12 seq.) is amended— 

13 (1) by striking ‘‘an unfair method of competi14 tion, and’’ each place the term appears; and 

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

16 method of competition and’’. 

17 (g) FUR PRODUCTS LABELING ACT.—The Fur Prod18 ucts Labeling Act (15 U.S.C. 69 et seq.) is amended by 

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

20 place the term appears. 

21 (h) TEXTILE FIBER PRODUCTS IDENTIFICATION

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

23 U.S.C. 70 et seq.) is amended— 

24 (1) by striking ‘‘an unfair method of competi25 tion, and’’ each place the term appears; and 


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

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

3 the term appears. 

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

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

6 amended— 

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

8 and inserting ‘‘Whoever’’; and 

9 (2) by striking paragraph (2). 

10 (j) INTERNATIONAL ANTITRUST ENFORCEMENT AS11 SISTANCE ACT OF 1994.—The International Antitrust 

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

13 seq.) is amended— 

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

15 preceding paragraph (1), by striking ‘‘and the Fed16 eral Trade Commission’’; 

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

18 striking ‘‘and the Commission may, using their re19 spective authority to investigate possible violations of 

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

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

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

23 appears; 

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

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


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

2 ‘‘6(c)’’; 

3 (5) in section 7 (15 U.S.C. 6206)— 

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

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

6 and 

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

8 ‘‘and the Commission’’; 

9 (6) in section 8 (15 U.S.C. 6207)— 

10 (A) by striking ‘‘Neither the Attorney Gen11 eral nor the Commission may’’ each place the 

12 term appears and inserting ‘‘The Attorney Gen13 eral may not’’; 

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

15 Commission, as the case may be,’’; 

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

17 Commission’’; and 

18 (D) in subsection (c)— 

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

20 and 

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

22 as the case may be,’’; 

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

24 (A) in subsection (a)— 


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

2 and 

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

4 The’’ and inserting ‘‘The’’; and 

5 (B) by striking subsection (b); 

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

7 (A) in paragraph (2)— 

8 (i) in the matter preceding subpara9 graph (A)— 

10 (I) by striking ‘‘and the Commis11 sion jointly determine’’ and inserting 

12 ‘‘determines’’; 

13 (II) by striking ‘‘jointly’’; and 

14 (III) by striking ‘‘and the Com15 mission’’; 

16 (ii) in subparagraph (A)— 

17 (I) by striking ‘‘and the Commis18 sion’’ each place the term appears; 

19 and 

20 (II) by striking ‘‘provide’’ and in21 serting ‘‘provides’’; 

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

23 matter preceding subclause (I), by striking 

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

25 (iv) in subparagraph (F)— 


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1 (I) by striking ‘‘or the Commis2 sion’’; and 

3 (II) by striking ‘‘or the Commis4 sion, respectively,’’; and 

5 (v) in subparagraph (H)— 

6 (I) in clause (i)— 

7 (aa) by striking ‘‘or the 

8 Commission’’; and 

9 (bb) by striking ‘‘or the 

10 Commission, respectively,’’; and 

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

12 the Commission’’ each place the term 

13 appears; 

14 (B) by striking paragraph (4); 

15 (C) by redesignating paragraphs (5) 

16 through (9) as paragraphs (4) through (8), re17 spectively; and 

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

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

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

21 to the extent that such section 5 applies to un22 fair methods of competition’’; and 

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

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

25 and inserting ‘‘is’’; and 


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1 (B) by striking ‘‘or the Commission, re2 spectively,’’. 

3 (k) MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, 

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

5 XI of the Medicare Prescription Drug, Improvement, and 

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

7 Stat. 2461) is amended— 

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

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

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

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

12 (B) by redesignating paragraphs (9) 

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

14 respectively; 

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

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

17 appears; 

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

19 striking ‘‘and the Commission’’; 

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

21 striking ‘‘or the Commission’’; 

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

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

24 brought by the Commission in accordance with 

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


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1 of the Federal Trade Commission Act (15 

2 U.S.C. 56(a))’’; and 

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

4 Commission’’; 

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

6 the matter preceding paragraph (1), by striking 

7 ‘‘Commission, with the concurrence of the Assistant 

8 Attorney General’’ and inserting ‘‘Attorney Gen9 eral’’; and 

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

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

12 appears. 

13 (l) OTHER LAWS.—For any other provision of law re14 quiring the Assistant Attorney General or the Attorney 

15 General to consult with or seek the concurrence of the 

16 Commission or the Chairman of the Commission, where 

17 such requirement relates to the antitrust laws or unfair 

18 methods of competition under section 5 of the Federal 

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

20 day before the effective date, that requirement shall be 

21 waived. 

22 SEC. 7. EFFECTIVE DATE. 

23 Except where explicitly provided otherwise, this Act 

24 and the amendments made by this Act shall take effect 


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

2 after the date of enactment of this Act. 

Æ 


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