I 
119TH CONGRESS 
1ST SESSION 
H. R. 384 
To transfer antitrust enforcement from the Federal Trade Commission to 
the Attorney General, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 14, 2025 
Mr. CLINE (for himself, Mr. FITZGERALD, and Ms. HAGEMAN) 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘One Agency Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) It is the policy of the United States to pro-
mote the vigorous, effective, and efficient enforce-
ment of the antitrust laws. 
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(2) The overlapping antitrust enforcement ju-
risdiction of the Department of Justice and the Fed-
eral Trade Commission has wasted taxpayer re-
sources, hampered enforcement efforts, and caused 
uncertainty for businesses and consumers in the 
United States. 
(3) It is preferable that primary Federal re-
sponsibility for enforcing the antitrust laws of the 
United States be given to a single entity, and the 
Department of Justice is best suited to do so. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ANTITRUST
LAWS.—The term ‘‘antitrust 
laws’’ means— 
(A) the Sherman Act (15 U.S.C. 1 et seq.); 
and 
(B) the Clayton Act (15 U.S.C. 12 et 
seq.). 
(2) EFFECTIVE
DATE.—The term ‘‘effective 
date’’ means the date described in section 6. 
(3) FTC.—The term ‘‘FTC’’ means the Fed-
eral Trade Commission. 
(4) FTC ANTITRUST ACTION.—The term ‘‘FTC 
antitrust action’’ means any investigation, litigation, 
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administrative proceeding, or other action at the 
FTC that— 
(A) is supervised by an FTC antitrust 
unit; or 
(B) relates to the antitrust laws or unfair 
methods of competition under section 5 of the 
Federal Trade Commission Act (15 U.S.C. 45), 
as in effect on the day before the effective date. 
(5) FTC ANTITRUST ASSETS.—The term ‘‘FTC 
antitrust assets’’— 
(A) means all electronic or tangible records 
and files relating to matters supervised, as well 
as any physical assets or equipment owned and 
used or retained, by an FTC antitrust unit; and 
(B) does not include any office space or 
leased facilities or equipment. 
(6) FTC ANTITRUST
EMPLOYEE.—The term 
‘‘FTC antitrust employee’’ means an individual who 
on the day before the effective date is employed by 
the FTC and assigned to an FTC antitrust unit. 
(7) FTC 
ANTITRUST
FUNDING.—The term 
‘‘FTC antitrust funding’’ means all amounts appro-
priated before the effective date by an Act of Con-
gress to the FTC that are designated, by Congress 
or the FTC for an FTC antitrust unit. 
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(8) FTC ANTITRUST UNIT.—The term ‘‘FTC 
antitrust unit’’ means— 
(A) the Bureau of Competition of the 
FTC; and 
(B) each division of the Bureau of Eco-
nomics of the FTC that is designated to work 
on FTC antitrust actions. 
(9) TRANSITION
PERIOD.—The term ‘‘transi-
tion period’’ means the period beginning on the ef-
fective date and ending on the later of— 
(A) the date that is 1 year after the effec-
tive date; or 
(B) the date that is 180 days after the 
date described in subparagraph (A), which may 
be extended by the Attorney General once for 
an additional 180 days, if the Attorney General 
determines that a period longer than the period 
described in subparagraph (A) is necessary to 
avoid harm to the interests of the United States 
or the effective enforcement of the antitrust 
laws. 
SEC. 4. TRANSFER OF ANTITRUST ENFORCEMENT FUNC-
TIONS FROM THE FTC TO THE ATTORNEY 
GENERAL. 
(a) TRANSFER OF ACTIONS.— 
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(1) IN GENERAL.—There shall be transferred to 
the Attorney General all FTC antitrust actions, 
FTC antitrust employees, FTC antitrust assets, and 
FTC antitrust funding on the earlier of— 
(A) the date determined by the Attorney 
General under paragraph (2)(B); or 
(B) the end of the transition period. 
(2) REQUIREMENT.—The Attorney General, 
taking care to minimize disruption to ongoing en-
forcement matters and in consultation as necessary 
with the Office of Personnel Management, the Gen-
eral Services Administration, and the Chairman of 
the FTC, shall— 
(A) take all necessary actions to complete 
implementation of this Act before the end of the 
transition period; and 
(B) determine the dates certain, which 
may not be earlier than the effective date or 
later than the end of the transition period, on 
which the transfers under paragraph (1) shall 
occur. 
(3) PERSONNEL.— 
(A) ASSIGNMENT.—An FTC antitrust em-
ployee transferred to the Attorney General 
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under this Act shall be assigned to the Anti-
trust Division of the Department of Justice. 
(B) OFFICE SPACE.—On the request of the 
Attorney General, and in consultation as nec-
essary with the General Services Administra-
tion, the FTC shall allow the Attorney General 
to use any office space or leased facilities pre-
viously used by FTC antitrust employees until 
such time as the Attorney General may provide 
office space or facilities. After the transfer of 
FTC antitrust funding to the Attorney General, 
the Attorney General shall compensate the FTC 
for the costs of the use of such office space or 
leased facilities. 
(C) 
RESTRUCTURING.—Notwithstanding 
any other provision of law, the Attorney Gen-
eral is authorized to restructure the Antitrust 
Division of the Department of Justice before 
the expiration of the transition period, as the 
Attorney General determines is appropriate, to 
carry out the purposes of this Act and accom-
plish the efficient enforcement of the antitrust 
laws. 
(4) ANTITRUST ACTIONS.— 
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(A) IN GENERAL.—As soon as is reason-
ably practicable during the transition period, all 
open investigations, studies, litigations, matters, 
or other proceedings being supervised by an 
FTC antitrust unit and relating to the antitrust 
laws or unfair methods of competition under 
section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45), as in effect on the day before 
the effective date, shall be transferred to and 
assumed by the Attorney General. 
(B) HANDLING
OF
ADMINISTRATIVE
AC-
TIONS.—FTC antitrust actions that were initi-
ated by the FTC and were unresolved as of the 
first day of the transition period, shall be— 
(i) continued as the Attorney General 
determines is appropriate; and 
(ii) the FTC shall have the power to 
deputize former FTC antitrust employees, 
with the consent of the Attorney General, 
to continue any FTC antitrust actions as 
described in clause (i). 
(C) INTERVENTION.—Any FTC antitrust 
actions before a court of the United States as 
of the first day of the transition period, that 
were initiated by the FTC and were unresolved 
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as of the first day of the transition period, shall 
be— 
(i) continued as the Attorney General 
determines is appropriate; and 
(ii) that the FTC shall have the power 
to deputize former FTC antitrust employ-
ees, with the consent of the Attorney Gen-
eral, to continue any FTC antitrust actions 
as described in clause (i). 
(D) CONSENT DECREES.— 
(i) IN GENERAL.—At the end of the 
transition period, the Attorney General 
shall have sole authority to receive all re-
ports as required under, enforce violations 
of, approve modifications to, or rescind any 
consent decree entered into by the FTC 
before the effective date that concerns con-
duct alleged to violate the antitrust laws or 
unfair methods of competition under sec-
tion 5 of the Federal Trade Commission 
Act (15 U.S.C. 45), as in effect on the day 
before the effective date. 
(ii) 
ADMINISTRATIVE
ENFORCE-
MENT.—If deemed necessary by the FTC 
and the Attorney General, the FTC shall 
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have the power to deputize former FTC 
antitrust employees, with the consent of 
the Attorney General, to enforce and nego-
tiate modifications of FTC consent decrees 
in effect on the day before the effective 
date in the FTC’s administrative process. 
(5) AUTHORITY
TO
CONDUCT
INVESTIGATIVE 
STUDIES.— 
(A) REPORTS
OF
PERSONS, 
PARTNER-
SHIPS, AND CORPORATIONS.— 
(i) IN GENERAL.—The Attorney Gen-
eral may require, by general or special or-
ders, persons, partnerships, and corpora-
tions, engaged in or whose business affects 
commerce to file with the Attorney General 
in such form as the Attorney General may 
prescribe annual or special reports or an-
swers in writing to specific questions, fur-
nishing to the Attorney General such infor-
mation as the Attorney General may re-
quire as to the organization, business, con-
duct, practices, management, and relation 
to other corporations, partnerships, and in-
dividuals of the respective persons, part-
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nerships, and corporations filing such re-
ports or answers in writing. 
(ii) OATH.—Reports and answers re-
quired under clause (i) shall— 
(I) be made under oath or other-
wise as the Attorney General may pre-
scribe; 
(II) pertain solely to competition 
or the application of the antitrust 
laws; and 
(III) be filed with the Attorney 
General within such reasonable period 
as the Attorney General may pre-
scribe, unless additional time be 
granted in any case by the Attorney 
General. 
(B) PUBLICATION
OF
INFORMATION
OR 
REPORTS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), the Attorney General— 
(I) shall make public from time 
to time such portions of the informa-
tion obtained by the Attorney General 
under this paragraph as are in the 
public interest; 
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(II) may make annual and spe-
cial reports to Congress that include 
recommendations for additional legis-
lation; and 
(III) shall provide for the publi-
cation of reports and decisions of the 
Attorney General in such form and 
manner as may be best adapted for 
public information and use. 
(ii) PROHIBITION AGAINST PUBLICA-
TION
OF
PRIVILEGED
OR
CONFIDENTIAL 
INFORMATION.— 
(I) IN GENERAL.—Except as pro-
vided in subclause (II), the Attorney 
General shall not make public any 
trade secret or any commercial or fi-
nancial information that is obtained 
from any person and that is privileged 
or confidential. 
(II) EXCEPTION.—The Attorney 
General may disclose information de-
scribed in subclause (I) to— 
(aa) officers and employees 
of appropriate Federal law en-
forcement agencies or to any offi-
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cer or employee of any State law 
enforcement agency on the prior 
certification of an officer of any 
such Federal or State law en-
forcement agency that such infor-
mation will be maintained in con-
fidence and will be used only for 
official law enforcement purposes; 
or 
(bb) any officer or employee 
of any foreign law enforcement 
agency under the same cir-
cumstances that making material 
available to foreign law enforce-
ment agencies is permitted under 
section 21(b) of the Federal 
Trade 
Commission 
Act 
(15 
U.S.C. 57b–2(b)). 
(6) BENEFIT
OF
ANTITRUST
DIVISION.—All 
FTC antitrust assets and FTC antitrust funding 
transferred under this subsection shall be for the ex-
clusive use and benefit of the Antitrust Division of 
the Department of Justice, except to the extent the 
FTC deputizes former FTC antitrust employees, 
with the consent of the Attorney General, to con-
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tinue any FTC antitrust actions that are ongoing 
and unresolved before the effective date. 
(b) TRANSITION PERIOD.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), beginning on the effective date, the FTC 
may not— 
(A) hire or assign an employee to an FTC 
antitrust unit; 
(B) open a new investigation or matter 
within an FTC antitrust unit or relating to the 
antitrust laws or unfair methods of competition 
under section 5 of the Federal Trade Commis-
sion Act; 
(C) without the approval of the Attorney 
General, enter into a consent decree, enter into 
a settlement agreement, or otherwise resolve an 
FTC antitrust action; or 
(D) initiate a new FTC antitrust action. 
(2) ENFORCEMENT ON BEHALF OF THE ATTOR-
NEY
GENERAL.—Notwithstanding paragraph (1), 
during the transition period, the Attorney General 
may deputize an FTC antitrust employee to inves-
tigate or prosecute an alleged violation of the anti-
trust laws on behalf of the Attorney General before 
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the completion of the transfer of personnel under 
subsection (a). 
(3) SAME RIGHTS AND OBLIGATIONS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, during the transition pe-
riod all Department of Justice employees under 
the supervision of the Attorney General shall 
have the same rights and obligations with re-
spect to confidential information submitted to 
the FTC as FTC antitrust employees on the 
day before the effective date. 
(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed as implying 
any change to the rights and obligations de-
scribed in subparagraph (A) as a result of this 
Act. 
(c) AGREEMENTS.—The Attorney General, in con-
sultation with the Chairman of the FTC, shall— 
(1) review any agreements between the FTC 
and any other Federal agency or any foreign law en-
forcement agency; and 
(2) before the end of the transition period, seek 
to amend, transfer, or rescind such agreements as 
necessary and appropriate to carry out this Act, en-
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deavoring to complete such amendment, transfer, or 
rescindment with all due haste. 
(d) RULES.—The Attorney General shall, pursuant 
to section 7A of the Clayton Act (15 U.S.C. 18a) and in 
accordance with section 553 of title 5, United States Code, 
prescribe or amend any rules as necessary to carry out 
the Clayton Act. 
SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) REQUIREMENTS TO CONSULT WITH OR SEEK 
THE CONCURRENCE.—For any provision of law requiring 
an executive branch agency or independent agency to con-
sult with or seek the concurrence of the FTC or the Chair-
man of the FTC, where such requirement relates to the 
antitrust laws or unfair methods of competition under sec-
tion 5 of the Federal Trade Commission Act (15 U.S.C. 
45), as in effect on the day before the effective date, that 
requirement shall be transferred from the FTC or the 
Chairman of the FTC to the Attorney General. 
(b) PREMERGER NOTIFICATION FILINGS.— 
(1) FTC 
PREMERGER
NOTIFICATION
FIL-
INGS.—For any provision of law requiring notifica-
tion to the FTC, where such requirement relates to 
the antitrust laws or unfair methods of competition 
under section 5 of the Federal Trade Commission 
Act (15 U.S.C. 45), as in effect on the day before 
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the effective date, that requirement for notification 
to the FTC shall be waived. 
(2) DEPARTMENT OF JUSTICE PREMERGER NO-
TIFICATION
FILINGS.—Nothing in paragraph (b) 
may be construed as implying any change to the re-
quirement for any required notification to the Attor-
ney General. 
(c) EXISTING LITIGATION OR APPEALS.—Notwith-
standing any other provision of law, the Attorney General 
shall not deny resources to the FTC or otherwise disrupt 
existing litigation or appeals that are ongoing on the day 
before the effective date. 
(d) FUTURE ACTIONS OF ATTORNEY GENERAL.— 
Notwithstanding any other provision of law, nothing in 
this Act may be construed to limit the powers of the Attor-
ney General to enforce the antitrust laws. 
(e) FUTURE
ACTIONS
OF
THE
FTC.—Notwith-
standing any other provision of law, the FTC shall not 
open new investigations or begin enforcement actions that 
relates to the antitrust laws or unfair methods of competi-
tion under section 5 of the Federal Trade Commission Act 
(15 U.S.C. 45), except as explicitly allowed in this Act 
with the approval of the Attorney General and relating 
to an investigation, litigation, appeal, or consent decree 
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that was ongoing or in place on the day before the effective 
date. 
SEC. 6. EFFECTIVE DATE. 
Except as provided otherwise, this Act shall take ef-
fect on the start of the first fiscal year that is at least 
90 days after the date of enactment of this Act. 
Æ 
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