[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1059 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1059
To transfer antitrust enforcement from the Federal Trade Commission to
the Department of Justice, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2025
Mr. Lee (for himself, Mr. Tillis, Ms. Lummis, Mr. Kennedy, and Mr.
Scott of Florida) introduced the following bill; which was read twice
and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To transfer antitrust enforcement 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 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 7.
(3) FTC.--The term ``FTC'' means the Federal Trade
Commission.
(4) FTC antitrust action.--The term ``FTC antitrust
action'' means any investigation, litigation, administrative
proceeding, or other action of 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 appropriated before the effective
date by an Act of Congress to the FTC that are designated, by
Congress or the FTC for an FTC antitrust unit.
(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 Economics of the
FTC that is designated to work on FTC antitrust
actions.
(9) Transition period.--The term ``transition period''
means the period beginning on the effective date and ending on
the later of--
(A) the date that is 1 year after the effective
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 FUNCTIONS FROM THE FTC TO THE
DEPARTMENT OF JUSTICE.
(a) Transfer of Actions.--
(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 enforcement matters and in
consultation as necessary with the Office of Personnel
Management, the General 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 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) Office space.--On the request of the Attorney
General, and in consultation as necessary with the
General Services Administration, the FTC 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 office space or facilities. After the
transfer of FTC antitrust funding to the Department of
Justice, the Department of Justice 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 General 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 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, 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 Department of Justice.
(B) Handling of ftc antitrust actions.--Any FTC
antitrust action that was initiated by the FTC and was
unresolved as of the first day of the transition period
shall be continued as the Attorney General determines
is appropriate. The FTC shall have the power to
deputize former FTC antitrust employees, with the
consent of the Attorney General, to continue such FTC
antitrust actions.
(C) Intervention.--Any FTC antitrust action before
a court of the United States that was initiated by the
FTC and was unresolved as of the first day of the
transition period, shall be continued as the Attorney
General determines is appropriate. The FTC shall have
the power to deputize former FTC antitrust employees,
with the consent of the Attorney General, to continue
such FTC antitrust actions.
(D) Consent decrees.--
(i) In general.--At the end of the
transition period, the Attorney General shall
have sole authority to receive all reports 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 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.
(ii) Administrative enforcement.--If
determined necessary by the FTC and the
Attorney General, the FTC shall have the power
to deputize former FTC antitrust employees,
with the consent of the Attorney General, to
enforce and negotiate modifications of FTC
consent decrees in effect on the day before the
effective date in the administrative process of
the FTC.
(5) Authority to conduct investigative studies.--
(A) Reports of persons, partnerships, and
corporations.--
(i) In general.--The Attorney General may
require, by general or special orders, persons,
partnerships, and corporations, 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 answers in writing to
specific questions, furnishing to the Attorney
General such information as the Attorney
General 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 Attorney General may prescribe;
(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 prescribe,
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 information
obtained by the Attorney General 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 Attorney General 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 Attorney General
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 Attorney
General 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, except to the
extent the FTC deputizes former FTC antitrust employees, with
the consent of the Attorney General, to continue any FTC
antitrust actions that are ongoing and unresolved before the
effective date.
(b) Transition Period.--
(1) In general.--Except as provided in paragraph (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 Commission 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 department of justice.--
Notwithstanding paragraph (1), during the transition period,
the 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) 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 Attorney General shall have the same rights and
obligations with respect 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 described in subparagraph
(A) as a result of this Act.
(c) Agreements.--The Attorney General, in consultation with the
Chairman of the FTC, shall--
(1) review any agreements between the FTC 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 the Clayton Act.
SEC. 5. TRANSFER OF FUNCTIONS.
(a) In General.--Any requirement that an agency of the executive
branch or an independent agency consult with or seek the concurrence of
the FTC or the Chairman of 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 the effective date, shall be deemed transferred from the FTC or
the Chairman of the FTC to the Department of Justice or the Attorney
General.
(b) Premerger Notification Filings.--
(1) FTC premerger notification filings.--With respect to
any requirement that an agency or entity provide notification
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 the effective date, that notification shall be
submitted to the Attorney General.
(2) Department of justice premerger notification filings.--
Nothing in paragraph (1) may be construed as implying any
change to the requirement for any required notification to the
Attorney General.
(c) Existing Litigation or Appeals.--Notwithstanding 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 Attorney General to enforce the antitrust laws.
(e) Future Actions of the FTC.--Notwithstanding any other provision
of law, the FTC shall not open a new investigation or begin an
enforcement action that relates to the antitrust laws or unfair methods
of competition under section 5 of the Federal Trade Commission Act (15
U.S.C. 45), except as explicitly allowed under this Act with the
approval of the Attorney General and relating to an investigation,
litigation, appeal, or consent decree that was ongoing or in place on
the day before the effective date.
SEC. 6. 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 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.S.C. 6206)--
(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 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.
SEC. 7. EFFECTIVE DATE.
Except as 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>