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.