[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4918 Introduced in Senate (IS)]

<DOC>






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.

    Be it enacted by the Senate and House of Representatives 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 promote the 
        vigorous, effective, and efficient enforcement of the antitrust 
        laws.
            (2) The overlapping antitrust enforcement jurisdiction of 
        the Department of Justice and the Federal Trade Commission has 
        wasted taxpayer resources, hampered enforcement efforts, and 
        caused uncertainty for businesses and consumers in the United 
        States.
            (3) It is preferable that primary Federal responsibility 
        for enforcing the antitrust laws of the United States be given 
        to a single agency, 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) Assistant attorney general.--The term ``Assistant 
        Attorney General'' means the Assistant Attorney General for the 
        Antitrust Division of the Department of Justice.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Effective date.--The term ``effective date'' means the 
        date described in section 6.
            (5) FTC antitrust action.--The term ``FTC antitrust 
        action'' means any litigation or administrative proceeding 
        initiated by the Commission that--
                    (A) is supervised by an FTC Antitrust Unit; or
                    (B) relates to the antitrust laws or section 5 of 
                the Federal Trade Commission Act (15 U.S.C. 45), as in 
                effect on the day before the effective date.
            (6) 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.
            (7) FTC antitrust employee.--The term ``FTC antitrust 
        employee'' means an individual who on the day before the 
        effective date is employed by the Federal Trade Commission and 
        assigned to an FTC Antitrust Unit.
            (8) FTC antitrust function.--The term ``FTC antitrust 
        function'' means a function of the Commission 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.
            (9) FTC antitrust funding.--The term ``FTC antitrust 
        funding'' means--
                    (A) all amounts appropriated before the effective 
                date by an Act of Congress to the Federal Trade 
                Commission that are designated, by Congress or the 
                Commission, for an FTC Antitrust Unit; and
                    (B) all fees collected by the Federal Trade 
                Commission before the effective date under section 7A 
                of the Clayton Act (15 U.S.C. 18a) and rules issued 
                under that section.
            (10) FTC antitrust unit.--The term ``FTC Antitrust Unit'' 
        means--
                    (A) the Bureau of Competition of the Commission; 
                and
                    (B) each division of the Bureau of Economics of the 
                Commission that is designated to work on FTC antitrust 
                actions.
            (11) Function.--The term ``function'' means any duty, 
        obligation, power, authority, responsibility, right, privilege, 
        activity, or program.
            (12) Transition period.--The term ``transition period'' 
        means the period beginning on the effective date of this Act 
        and ending on the later of--
                    (A) the date that is 1 year after the effective 
                date of this Act; or
                    (B) the date that is 180 days after the date 
                described in subparagraph (A), which may be extended by 
                the Assistant Attorney General once for an additional 
                180 days, if the Assistant 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 FUNCTIONS FROM THE FEDERAL 
              TRADE COMMISSION TO THE DEPARTMENT OF JUSTICE.

    (a) Transfer of Functions.--
            (1) In general.--Except as provided in paragraph (3)(D), 
        there shall be transferred to the Department of Justice all FTC 
        antitrust functions, FTC antitrust employees, FTC antitrust 
        assets, and FTC antitrust funding on the earlier of--
                    (A) the date determined by the Assistant Attorney 
                General under paragraph (2)(B); or
                    (B) the end of the transition period.
            (2) Requirement.--The Assistant Attorney General, taking 
        care to minimize disruption to ongoing enforcement matters and 
        in consultation as necessary with the Attorney General, the 
        Office of Personnel Management, the General Services 
        Administration, and the Chairman of the Commission, 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 nor later than the end 
                of the transition period, on which the transfers under 
                paragraph (1) shall occur.
            (3) Personnel.--
                    (A) Assignment.--An FTC antitrust employee 
                transferred to the Department of Justice under this Act 
                shall be assigned to the Antitrust Division of the 
                Department of Justice.
                    (B) Effect on personnel.--Except as provided in 
                subparagraph (C), the transfer under this Act of an FTC 
                antitrust employee shall not cause the employee to be 
                separated or reduced in grade or compensation for 1 
                year after the transfer date.
                    (C) Executive schedule.--Notwithstanding 
                subparagraph (B), the Assistant Attorney General may 
                appoint an FTC antitrust employee in a Senior Executive 
                Service position, as defined in section 3132 of title 
                5, United States Code, to a position within the 
                Antitrust Division rate payable for a position at level 
                15, step 10 of the General Schedule.
                    (D) Voluntary nontransfer of personnel.--
                Notwithstanding paragraph (1), an FTC antitrust 
                employee may, with the consent of the Chairman of the 
                Commission, elect to remain an employee of the 
                Commission assigned to a non-FTC Antitrust Unit.
                    (E) Office space.--Upon request from the Assistant 
                Attorney General, and in consultation as necessary with 
                the General Services Administration, the Commission 
                shall allow the Department of Justice to use any office 
                space or leased facilities previously used by FTC 
                antitrust employees until such time as the Department 
                of Justice may provide its own office space or 
                facilities. After the transfer of FTC antitrust funding 
                to the Department of Justice, the Department of Justice 
                shall compensate the Commission for the costs of the 
                use of such office space or leased facilities.
                    (F) Restructuring.--Notwithstanding any other 
                provision of law, the Assistant Attorney General is 
                authorized to restructure the Antitrust Division before 
                the expiration of the transition period, as the 
                Assistant Attorney General determines is appropriate, 
                to carry out the purposes of this Act and accomplish 
                the efficient enforcement of the antitrust laws.
            (4) Antitrust actions.--
                    (A) In general.--As soon as is reasonably 
                practicable during the transition period, all open 
                investigations, 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 Department of Justice.
                    (B) Handling of certain administrative 
                proceedings.--Administrative proceedings that were 
                initiated by the Commission, were unresolved as of the 
                first day of the transition period, and relate to 
                enforcement of 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 treated in the 
                following manner:
                            (i) Any such proceeding pending before an 
                        administrative law judge shall be dismissed 
                        without prejudice and the matter shall be 
                        referred to the Assistant Attorney General.
                            (ii) For any such proceeding pending on 
                        appeal before the Commission, the 
                        administrative appeal shall cease, the ruling 
                        of the administrative law judge shall be 
                        treated as the final decision of the 
                        Commission, and the Court of Appeals for the 
                        District of Columbia Circuit shall have 
                        jurisdiction over any appeal therefrom.
                    (C) Intervention.--
                            (i) In general.--In any FTC antitrust 
                        action before a court of the United States as 
                        of the first day of the transition period, the 
                        court shall allow the Department of Justice 
                        to--
                                    (I) intervene and assume 
                                representation of the Federal 
                                Government from the Commission; and
                                    (II) amend any complaint originally 
                                brought by the Commission for the 
                                purpose of alleging violations of 
                                statutes other than the Federal Trade 
                                Commission Act as necessary and where 
                                appropriate.
                            (ii) Scheduling order upon request.--Upon 
                        the request of the Commission or the Department 
                        of Justice, and in consultation with all 
                        parties to the matter, the court shall issue an 
                        order making such scheduling adjustments as 
                        necessary to facilitate the transfer of 
                        prosecutorial responsibilities under this 
                        subparagraph.
                    (D) Consent decrees.--At the end of the transition 
                period, the Department of Justice shall have sole 
                authority to enforce violations of, approve 
                modifications to, or rescind any consent decree entered 
                into by the Commission before the effective date that 
                concerns conduct alleged to violate 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) Authority to conduct investigative studies.--
                    (A) Reports of persons, partnerships, and 
                corporations.--
                            (i) In general.--The Department of Justice 
                        may require, by general or special orders, 
                        persons, partnerships, and corporations, 
                        engaged in or whose business affects commerce 
                        to file with the Department in such form as the 
                        Department may prescribe annual or special 
                        reports or answers in writing to specific 
                        questions, furnishing to the Department such 
                        information as the Department may require as to 
                        the organization, business, conduct, practices, 
                        management, and relation to other corporations, 
                        partnerships, and individuals of the respective 
                        persons, partnerships, and corporations filing 
                        such reports or answers in writing.
                            (ii) Oath.--Reports and answers required 
                        under clause (i) shall--
                                    (I) be made under oath or otherwise 
                                as the Department may prescribe;
                                    (II) pertain solely to competition 
                                or the application of the antitrust 
                                laws; and
                                    (III) be filed with the Department 
                                within such reasonable period as the 
                                Department may prescribe, unless 
                                additional time be granted in any case 
                                by the Department.
                    (B) Publication of information or reports.--
                            (i) In general.--Except as provided in 
                        clause (ii), the Department of Justice--
                                    (I) shall make public from time to 
                                time such portions of the information 
                                obtained by the Department under this 
                                paragraph as are in the public 
                                interest;
                                    (II) may make annual and special 
                                reports to Congress that include 
                                recommendations for additional 
                                legislation; and
                                    (III) shall provide for the 
                                publication of reports and decisions of 
                                the Department in such form and manner 
                                as may be best adapted for public 
                                information and use.
                            (ii) Prohibition against publication of 
                        privileged or confidential information.--
                                    (I) In general.--Except as provided 
                                in subclause (II), the Department of 
                                Justice shall not make public any trade 
                                secret or any commercial or financial 
                                information that is obtained from any 
                                person and that is privileged or 
                                confidential.
                                    (II) Exception.--The Department may 
                                disclose information described in 
                                subclause (I) to--
                                            (aa) officers and employees 
                                        of appropriate Federal law 
                                        enforcement agencies or to any 
                                        officer or employee of any 
                                        State law enforcement agency 
                                        upon the prior certification of 
                                        an officer of any such Federal 
                                        or State law enforcement agency 
                                        that such information will be 
                                        maintained in confidence 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 circumstances that making 
                                        material available to foreign 
                                        law enforcement 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 exclusive use and benefit of the 
        Antitrust Division of the Department of Justice.
    (b) Transition Period.--
            (1) In general.--Except as provided in paragraph (2), 
        beginning on the effective date, the Commission 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 antitrust 
                enforcement;
                    (C) without the approval of the Assistant 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 department of justice.--
        Notwithstanding paragraph (1), during the transition period, 
        the Assistant Attorney General may deputize an FTC Antitrust 
        Employee to investigate or prosecute an alleged violation of 
        the antitrust laws on behalf of the Department of Justice 
        before the completion of the transfer of personnel under 
        subsection (a)(3).
            (3) Same rights and obligations.--
                    (A) In general.--Notwithstanding any other 
                provision of law, during the transition period all 
                Department of Justice employees under the supervision 
                of the Assistant Attorney General shall have the same 
                rights and obligations with respect to confidential 
                information submitted to the Commission 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 described in subparagraph 
                (A) as a result of this Act.
    (c) Agreements.--The Assistant Attorney General, in consultation 
with the Chairman of the Commission, shall--
            (1) review any agreements between the Commission and any 
        other Federal agency or any foreign law enforcement 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, endeavoring 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 this Act.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Clayton Act.--The Clayton Act (15 U.S.C. 12 et seq.) is 
amended--
            (1) in section 2 (15 U.S.C. 13)--
                    (A) in subsection (a), by striking ``Federal Trade 
                Commission'' and inserting ``Attorney General of the 
                United States''; and
                    (B) in subsection (b), by striking ``Commission'' 
                and inserting ``Attorney General of the United 
                States'';
            (2) in section 5(a) (15 U.S.C. 16(a)), in the second 
        sentence, by striking ``, except that, in any action or 
        proceeding brought under the antitrust laws, collateral 
        estoppel effect shall not be given to any finding made by the 
        Federal Trade Commission under the antitrust laws or under 
        section 5 of the Federal Trade Commission Act which could give 
        rise to a claim for relief under the antitrust laws'';
            (3) in section 7 (15 U.S.C. 18)--
                    (A) in the first undesignated paragraph, by 
                striking ``and no person subject to the jurisdiction of 
                the Federal Trade Commission shall acquire the whole or 
                any part of the assets of another person engaged also 
                in commerce or in any activity affecting commerce''; 
                and
                    (B) in the second undesignated paragraph, by 
                striking ``and no person subject to the jurisdiction of 
                the Federal Trade Commission shall acquire the whole or 
                any part of the assets of one or more persons engaged 
                in commerce or in any activity affecting commerce'';
            (4) in section 7A (15 U.S.C. 18a)--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(A), in the matter 
                        preceding clause (i), by striking ``the Federal 
                        Trade Commission and''; and
                            (ii) in paragraph (2), by striking 
                        ``Federal Trade Commission and the'';
                    (B) in subsection (c)--
                            (i) in paragraph (6), by striking ``the 
                        Federal Trade Commission and''; and
                            (ii) in paragraph (8), by striking ``the 
                        Federal Trade Commission and'';
                    (C) in subsection (d)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``Federal Trade Commission, with 
                        the concurrence of the Assistant Attorney 
                        General and'' and inserting ``Attorney General 
                        of the United States''; and
                            (ii) in paragraph (1), by striking ``the 
                        Federal Trade Commission and'';
                    (D) in subsection (e)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                striking ``Federal Trade Commission or 
                                the''; and
                                    (II) in subparagraph (B), by 
                                striking ``and the Federal Trade 
                                Commission shall each'' and inserting 
                                ``shall''; and
                            (ii) in paragraph (2)--
                                    (I) by striking ``Federal Trade 
                                Commission or the'';
                                    (II) by striking ``its or''';
                                    (III) by striking ``the Federal 
                                Trade Commission or'' each place the 
                                term appears; and
                                    (IV) by striking ``, as the case 
                                may be,'';
                    (E) in subsection (f)--
                            (i) by striking ``the Federal Trade 
                        Commission, alleging that a proposed 
                        acquisition violates section 7 of this Act or 
                        section 5 of the Federal Trade Commission Act, 
                        or an action is filed by''; and
                            (ii) by striking ``the Federal Trade 
                        Commission or'';
                    (F) in subsection (g)(2), in the matter following 
                subparagraph (C), by striking ``the Federal Trade 
                Commission or'';
                    (G) in subsection (h), by striking ``or the Federal 
                Trade Commission''; and
                    (H) in subsection (i)--
                            (i) in paragraph (1), by striking ``the 
                        Federal Trade Commission or'' each place the 
                        term appears; and
                            (ii) in paragraph (2)--
                    (I) by striking ``or the Federal Trade 
                Commission''; and
                    (J) by striking ``, the Federal Trade Commission 
                Act,''; and
            (5) in section 8(a)(5) (15 U.S.C. 19(a)(5)), in the second 
        sentence, by striking ``Federal Trade Commission'' and 
        inserting ``Attorney General of the United States''.
    (b) Charitable Gift Annuity Antitrust Relief Act of 1995.--Section 
3(1) of the Charitable Gift Annuity Antitrust Relief Act of 1995 (15 
U.S.C. 37a(1)) is amended by striking ``, except that such term 
includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) 
to the extent that such section 5 applies to unfair methods of 
competition''.
    (c) Pension Funding Equity Act of 2004.--Section 207(b)(1)(A)(i) of 
the Pension Funding Equity Act of 2004 (15 U.S.C. 37b(b)(1)(A)(i)) is 
amended by striking ``, except that such term includes section 5 of the 
Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 
5 applies to unfair methods of competition''.
    (d) Federal Trade Commission Act.--The Federal Trade Commission Act 
(15 U.S.C. 41 et seq.) is amended--
            (1) in section 5 (15 U.S.C. 45)--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``methods 
                        of competition in or affecting commerce, and 
                        unfair'';
                            (ii) by striking paragraph (3); and
                            (iii) by redesignating paragraph (4) as 
                        paragraph (3);
                    (B) in subsection (b)--
                            (i) in the first sentence, by striking 
                        ``unfair method of competition or''; and
                            (ii) in the fifth sentence--
                                    (I) by striking ``the method of 
                                competition or''; and
                                    (II) by striking ``method of 
                                competition or such'';
                    (C) in subsection (c)--
                            (i) in the first sentence--
                                    (I) by striking ``method of 
                                competition or''; and
                                    (II) by striking ``method of 
                                competition or the''; and
                            (ii) in the third sentence, by striking 
                        ``or to competitors'';
                    (D) by striking subsection (e);
                    (E) in subsection (g), by striking paragraph (4); 
                and
                    (F) in subsection (n), in the first sentence, by 
                striking ``or to competition'';
            (2) in section 6 (15 U.S.C. 46)--
                    (A) by striking subsections (c) through (e) and 
                (i);
                    (B) by redesignating--
                            (i) subsections (f), (g), and (h) as 
                        subsections (c) through (e), respectively; and
                            (ii) subsections (j) through (l) as 
                        subsections (f) through (h), respectively;
                    (C) in subsection (f)(1), as so redesignated, by 
                striking ``other than Federal antitrust laws (as 
                defined in section 12(5) of the International Antitrust 
                Enforcement Assistance Act of 1994 (15 U.S.C. 
                6211(5))),''; and
                    (D) in subsection (h)(2), as so redesignated, in 
                the matter preceding subparagraph (A), by striking ``or 
                competition'';
            (3) by repealing section 7 (15 U.S.C. 47);
            (4) in section 11 (15 U.S.C. 51), by striking ``antitrust 
        Acts or the'' each place the term appears;
            (5) in section 18 (15 U.S.C. 57a(a)(2)), by striking the 
        second sentence;
            (6) in section 20 (15 U.S.C. 57b-1)--
                    (A) in subsection (a)--
                            (i) in paragraph (2), by striking ``or in 
                        any antitrust violations'';
                            (ii) in paragraph (3), by striking ``or any 
                        provisions relating to antitrust violations'';
                            (iii) in paragraph (7), by striking ``or 
                        any antitrust violation''; and
                            (iv) by striking paragraph (8);
                    (B) in subsection (c)(1), by striking ``or to 
                antitrust violations,''; and
                    (C) in subsection (j)(1), by striking ``, any 
                proceeding under section 11(b) of the Clayton Act (15 
                U.S.C. 21(b)),'';
            (7) in section 21(b)(6) (15 U.S.C. 57b-2(b)(6)), in the 
        matter following subparagraph (D), by striking ``paragraphs (5) 
        and (7)'' and inserting ``paragraphs (4) and (6)''; and
            (8) in section 21A (15 U.S.C. 57b-2a)--
                    (A) by striking subsection (f);
                    (B) by redesignating subsection (g) as subsection 
                (f);
                    (C) in subsection (f), as so redesignated, by 
                striking ``subsection (g)'' each place the term appears 
                and inserting ``subsection (f)''; and
                    (D) in section 24 (15 U.S.C. 57b-5(a)), by striking 
                ``for any conduct which, because of the provisions of 
                the Act entitled `An Act to authorize association of 
                producers of agricultural products', approved February 
                18, 1922 (7 U.S.C. 291 et seq., commonly known as the 
                Capper-Volstead Act), is not a violation of any of the 
                antitrust Acts or this Act''.
    (e) Webb-Pomerene Act.--The Webb-Pomerene Act (15 U.S.C. 61 et 
seq.) is amended--
            (1) by repealing section 4 (15 U.S.C. 64); and
            (2) in section 5--
                    (A) in the first undesignated paragraph--
                            (i) in the first sentence, by striking 
                        ``Federal Trade Commission'' and inserting 
                        ``Attorney General of the United States''; and
                            (ii) in the second sentence, by striking 
                        ``commission'' each place the term appears and 
                        inserting ``Attorney General of the United 
                        States'';
                    (B) in the second undesignated paragraph--
                            (i) in the first sentence, by striking 
                        ``Federal Trade Commission'' and inserting 
                        ``Attorney General of the United States''; and
                            (ii) by striking the third sentence; and
                    (C) by striking the third undesignated paragraph.
    (f) Wool Products Labeling Act of 1939.--The Wool Products Labeling 
Act of 1939 (15 U.S.C. 68 et seq.) is amended--
            (1) by striking ``an unfair method of competition, and'' 
        each place the term appears; and
            (2) in section 68g(b), by striking ``an unfair method of 
        competition and''.
    (g) Fur Products Labeling Act.--The Fur Products Labeling Act (15 
U.S.C. 69 et seq.) is amended by striking ``an unfair method of 
competition, and'' each place the term appears.
    (h) Textile Fiber Products Identification Act.--The Textile Fiber 
Products Identification Act (15 U.S.C. 70 et seq.) is amended--
            (1) by striking ``an unfair method of competition, and'' 
        each place the term appears; and
            (2) in section 3 (15 U.S.C. 70a), by striking ``an unfair 
        method of competition and'' each place the term appears.
    (i) Antitrust Civil Process Act.--Section 4(d) of the Antitrust 
Civil Process Act (15 U.S.C. 1313(d)) is amended--
            (1) in paragraph (1), by striking ``(1) Whoever'' and 
        inserting ``Whoever''; and
            (2) by striking paragraph (2).
    (j) International Antitrust Enforcement Assistance Act of 1994.--
The International Antitrust Enforcement Assistance Act of 1994 (15 
U.S.C. 6201 et seq.) is amended--
            (1) in section 2 (15 U.S.C. 6201), in the matter preceding 
        paragraph (1), by striking ``and the Federal Trade 
        Commission'';
            (2) in section 3(b) (15 U.S.C. 6202(b)), by striking ``and 
        the Commission may, using their respective authority to 
        investigate possible violations of the Federal antitrust 
        laws,'' and inserting ``may'';
            (3) in section 5(1) (15 U.S.C. 6204(1)), by striking ``or 
        the Commission'' each place the term appears;
            (4) in section 6 (15 U.S.C. 6205)--
                    (A) by striking ``or the Commission''; and
                    (B) by striking ``6(f)'' and inserting ``6(c)'';
            (5) in section 7 (15 U.S6206)--
                    (A) by striking ``, with the concurrence of the 
                Commission,'' each place the term appears; and
                    (B) in subsection (c)(2)(B), by striking ``and the 
                Commission'';
            (6) in section 8 (15 U.S.C. 6207)--
                    (A) by striking ``Neither the Attorney General nor 
                the Commission may'' each place the term appears and 
                inserting ``The Attorney General may not'';
                    (B) in subsection (a), by striking ``or the 
                Commission, as the case may be,'';
                    (C) in subsection (b), by striking ``or the 
                Commission''; and
                    (D) in subsection (c)--
                            (i) by striking ``or the Commission''; and
                            (ii) by striking ``or the Commission, as 
                        the case may be,'';
            (7) in section 10 (15 U.S.C. 6209)--
                    (A) in subsection (a)--
                            (i) by striking ``, the Commission,''; and
                            (ii) by striking ``(a) In General.--The'' 
                        and inserting ``The''; and
                    (B) by striking subsection (b);
            (8) in section 12 (15 U.S.C. 6211)--
                    (A) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``and the 
                                Commission jointly determine'' and 
                                inserting ``determines'';
                                    (II) by striking ``jointly''; and
                                    (III) by striking ``and the 
                                Commission'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``and the 
                                Commission'' each place the term 
                                appears; and
                                    (II) by striking ``provide'' and 
                                inserting ``provides'';
                            (iii) in subparagraph (E)(ii), in the 
                        matter preceding subclause (I), by striking 
                        ``or the Commission, as the case may be,'';
                            (iv) in subparagraph (F)--
                                    (I) by striking ``or the 
                                Commission''; and
                                    (II) by striking ``or the 
                                Commission, respectively,''; and
                            (v) in subparagraph (H)--
                                    (I) in clause (i)--
                                            (aa) by striking ``or the 
                                        Commission''; and
                                            (bb) by striking ``or the 
                                        Commission, respectively,''; 
                                        and
                                    (II) in clause (ii), by striking 
                                ``or the Commission'' each place the 
                                term appears;
                    (B) by striking paragraph (4);
                    (C) by redesignating paragraphs (5) through (9) as 
                paragraphs (4) through (8), respectively; and
                    (D) in paragraph (4), as so redesignated, by 
                striking ``but also includes section 5 of the Federal 
                Trade Commission Act (15 U.S.C. 45) to the extent that 
                such section 5 applies to unfair methods of 
                competition''; and
            (9) in section 13 (15 U.S.C. 6212)--
                    (A) by striking ``and the Commission are'' and 
                inserting ``is''; and
                    (B) by striking ``or the Commission, 
                respectively,''.
    (k) Medicare Prescription Drug, Improvement, and Modernization Act 
of 2003.--Subtitle B of title XI of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 
Stat. 2461) is amended--
            (1) in the subtitle heading, by striking ``Federal Trade 
        Commission'' and inserting ``Antitrust'';
            (2) in section 1111 (21 U.S.C. 355 note)--
                    (A) by striking paragraph (8); and
                    (B) by redesignating paragraphs (9) through (12) as 
                paragraphs (8) through (11), respectively;
            (3) in section 1112(c) (21 U.S.C. 355 note), by striking 
        ``and the Commission'' each place the term appears;
            (4) in section 1113 (21 U.S.C. 355 note), by striking ``and 
        the Commission'';
            (5) in section 1114 (21 U.S.C. 355 note), by striking ``or 
        the Commission'';
            (6) in section 1115 (21 U.S.C. 355 note)--
                    (A) in subsection (a), by striking ``, or brought 
                by the Commission in accordance with the procedures 
                established in section 16(a)(1) of the Federal Trade 
                Commission Act (15 U.S.C. 56(a))''; and
                    (B) in subsection (b), by striking ``or the 
                Commission'';
            (7) in section 1116 (21 U.S.C. 355 note), in the matter 
        preceding paragraph (1), by striking ``Commission, with the 
        concurrence of the Assistant Attorney General'' and inserting 
        ``Attorney General''; and
            (8) in section 1117 (21 U.S.C. 355 note), by striking ``or 
        the Commission'' each place the term appears.
    (l) Other Laws.--For any other provision of law requiring the 
Assistant Attorney General or the Attorney General to consult with or 
seek the concurrence of the Commission or the Chairman of the 
Commission, 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 the 
effective date, that requirement shall be waived.

SEC. 6. EFFECTIVE DATE.

    Except where explicitly provided otherwise, this Act and the 
amendments made by this Act shall take effect on the start of the first 
fiscal year that is at least 90 days after the date of enactment of 
this Act.
                                 <all>