S. 1059

108 S1059 IS: One Agency Act
 U.S. Senate
 2025-03-13
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 1059  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.
1.
Short title
This Act may be cited as the   One Agency Act  .
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.
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.
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.
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.
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.
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.