Summary

Moves the federal government’s primary antitrust enforcement authority and all FTC antitrust enforcement staff, funding, records, and ongoing matters into the Department of Justice’s Antitrust Division. It creates a defined transition process, restricts the FTC’s ability to start new antitrust actions (including limits tied to Section 5 of the FTC Act), preserves protection for confidential information and ongoing litigation, and sets the effective date to the start of the first fiscal year beginning at least 90 days after enactment.

Key Points

• Consolidates federal antitrust enforcement by transferring the FTC’s antitrust unit, staff, records, and funding into DOJ’s Antitrust Division.
• Establishes a transition period and procedures for transferring ongoing investigations and litigation to DOJ while protecting confidentiality and privilege.
• Limits the FTC’s ability to initiate new antitrust actions (including under Section 5 of the FTC Act) and adjusts premerger notification requirements related to Section 5.
• Grants the Attorney General new explicit authorities to assume investigations, enter agreements, and conduct antitrust rulemaking after transfers.
• Requires coordination with federal personnel and procurement offices (e.g., OPM and GSA) to execute transfers of staff and assets.
• Makes technical statutory edits to move responsibilities and references from the FTC to the Attorney General without disturbing DOJ’s existing enforcement powers.
• Preserves the status of ongoing litigation and DOJ’s authority as of the day before the Act’s effective date.
• Takes effect at the start of the first fiscal year beginning at least 90 days after enactment unless otherwise specified.

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