One Agency Act

Summary#

This bill, called the One Agency Act, would move federal antitrust enforcement work now done by the Federal Trade Commission (FTC) to the Department of Justice (DOJ). It would transfer FTC antitrust investigations, lawsuits, employees, records, assets, and funding to the DOJ Antitrust Division. The bill defines a transition period (generally one year, with a possible short extension) during which the Attorney General must complete the transfers and may deputize former FTC staff to continue matters. During the transition the FTC would be limited from opening new antitrust investigations or hiring for FTC antitrust units without DOJ approval. The Attorney General would gain authority over premerger notifications, investigative studies, publication rules for information obtained, and enforcement or modification of FTC consent decrees related to antitrust matters. The bill also makes many technical changes to federal statutes to replace references to the FTC with the Attorney General. The law would take effect at the start of the first fiscal year at least 90 days after enactment.

What it means for you#

• If you are a business or lawyer: Antitrust filings or notices that previously went to the FTC would be sent to the Attorney General after the effective date. Ongoing FTC antitrust cases would be transferred to DOJ control during the transition.
• If you are an FTC antitrust employee: The bill directs that those employees be transferred and assigned to the DOJ Antitrust Division; the DOJ may restructure that division to integrate transferred staff and work.
• If you are a consumer or member of the public: The agencies that investigate and sue over antitrust issues would change from the FTC to the DOJ. The FTC would be restricted from starting new antitrust enforcement actions except as allowed during transition.

Expenses#

No publicly available information.

Proponents' View#

The bill states that Congress wants vigorous, effective, and efficient enforcement of antitrust laws. It says overlapping jurisdiction between the FTC and DOJ wastes taxpayer resources, hampers enforcement, and causes uncertainty for businesses and consumers. The bill's findings say it is preferable to give primary federal antitrust enforcement to a single entity and that the Department of Justice is best suited for that role.

Opponents' View#

No publicly available information.