One Agency ActThis bill consolidates federal antitrust enforcement authority in one department by transferring the Federal Trade Commission's (FTC) antitrust functions, employees, assets, and funding to the Department of Justice (DOJ).The bill provides a one-year period for DOJ to implement the transition and allows DOJ to extend the period once for an additional 180 days. During the transition period, DOJ may restructure the department's antitrust division and deputize FTC antitrust employees to investigate and prosecute antitrust violations on behalf of DOJ prior to the completion of the transfer of personnel from the FTC to DOJ.DOJ is also authorized to require businesses to file annual or special reports about the business’s organization, conduct, practices, management, and relationship to other businesses filing such reports.
If passed, HB384 would fundamentally alter the framework of antitrust enforcement in the United States. It would lead to the transfer of all pending antitrust actions, personnel, and resources from the FTC to the DOJ. This transition not only consolidates expertise and resources but also aims to minimize confusion regarding the enforcement of antitrust laws. During a specified transition period, the FTC would be prohibited from initiating new investigations, which may delay the resolution of ongoing antitrust issues and investigations.
House Bill 384, titled the One Agency Act, proposes to transfer the enforcement of antitrust laws from the Federal Trade Commission (FTC) to the Attorney General. The intent behind this legislation is to streamline antitrust enforcement by consolidating authority within a single agency. Proponents argue that the current dual-system, which involves both the FTC and the Department of Justice (DOJ), has led to inefficiencies, wasted resources, and confusion for businesses and consumers. By placing responsibility solely in the hands of the Attorney General, the bill aims to enhance the effectiveness and efficiency of antitrust actions across the nation.
The bill has sparked a debate concerning the balance of power between federal agencies and the adequacy of antitrust enforcement. Some advocates for consumer protection express concern that shifting authority to the Attorney General might undermine the FTC's role in protecting consumers from monopolistic practices. Critics fear that the politicization of enforcement might result in a less aggressive approach towards preventing anti-competitive behavior. The effectiveness of the Attorney General’s office in handling such matters compared to the specialized experience within FTC's antitrust unit is also a significant point of contention.