,,ii #aafth ,,congress #b;d ,session ,s4 #diah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,november #ah1 #bjbj,mr4 ,lee introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to transfer antitrust enforcement functions from the ,federal ,trade ,commission to the ,department of ,justice1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,one ,agency ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,it is the policy of the ,united ,states to promote the vigorous1 effective1 and efficient enforcement of the antitrust laws4 7#b7 ,the overlapping antitrust enforcement jurisdiction of the ,department of ,justice and the ,federal ,trade ,commission has wasted taxpayer resources1 hampered enforcement efforts1 and caused uncertainty for businesses and consumers in the ,united ,states4 7#c7 ,it is preferable that primary ,federal responsibility for enforcing the antitrust laws of the ,united ,states be given to a single agency1 and the ,department of ,justice is best suited to do so4 #c4 ,definitions ,in this ,act3 7#a7 ,antitrust laws ,the term antitrust laws means-- 7,a7 the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq472 and 7,b7 the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq474 7#b7 ,assistant attorney general ,the term ,assistant ,attorney ,general means the ,assistant ,attorney ,general for the ,antitrust ,division of the ,department of ,justice4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,effective date ,the term effective date means the date described in section #f4 7#e7 ,,ftc antitrust action ,the term ,,ftc antitrust action means any litigation or administrative proceeding initiated by the ,commission that-- 7,a7 is supervised by an ,,ftc ,antitrust ,unit2 or 7,b7 relates to the antitrust laws or section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date4 7#f7 ,,ftc antitrust assets ,the term ,,ftc antitrust assets-- 7,a7 means all electronic or tangible records and files relating to matters supervised1 as well as any physical assets or equipment owned and used or retained1 by an ,,ftc ,antitrust ,unit2 and 7,b7 does not include any office space or leased facilities or equipment4 7#g7 ,,ftc antitrust employee ,the term ,,ftc antitrust employee means an individual who on the day before the effective date is employed by the ,federal ,trade ,commission and assigned to an ,,ftc ,antitrust ,unit4 7#h7 ,,ftc antitrust function ,the term ,,ftc antitrust function means a function of the ,commission relating to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date4 7#i7 ,,ftc antitrust funding ,the term ,,ftc antitrust funding means-- 7,a7 all amounts appropriated before the effective date by an ,act of ,congress to the ,federal ,trade ,commission that are designated1 by ,congress or the ,commission1 for an ,,ftc ,antitrust ,unit2 and 7,b7 all fees collected by the ,federal ,trade ,commission before the effective date under section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 and rules issued under that section4 7#aj7 ,,ftc ,antitrust ,unit ,the term ,,ftc ,antitrust ,unit means-- 7,a7 the ,bureau of ,competition of the ,commission2 and 7,b7 each division of the ,bureau of ,economics of the ,commission that is designated to work on ,,ftc antitrust actions4 7#aa7 ,function ,the term function means any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 activity1 or program4 7#ab7 ,transition period ,the term transition period means the period beginning on the effective date of this ,act and ending on the later of-- 7,a7 the date that is #a year after the effective date of this ,act2 or 7,b7 the date that is #ahj days after the date described in subparagraph 7,a71 which may be extended by the ,assistant ,attorney ,general once for an additional #ahj days1 if the ,assistant ,attorney ,general determines that a period longer than the period described in subparagraph 7,a7 is necessary to avoid harm to the interests of the ,united ,states or the effective enforcement of the antitrust laws4 #d4 ,transfer of antitrust enforcement functions from the ,federal ,trade ,commission to the ,department of ,justice 7a7 ,transfer of functions 7#a7 ,in general ,except as provided in paragraph 7#c77;,d71 there shall be transferred to the ,department of ,justice all ,,ftc antitrust functions1 ,,ftc antitrust employees1 ,,ftc antitrust assets1 and ,,ftc antitrust funding on the earlier of-- 7,a7 the date determined by the ,assistant ,attorney ,general under paragraph 7#b77;,b72 or 7,b7 the end of the transition period4 7#b7 ,requirement ,the ,assistant ,attorney ,general1 taking care to minimize disruption to ongoing enforcement matters and in consultation as necessary with the ,attorney ,general1 the ,office of ,personnel ,management1 the ,general ,services ,administration1 and the ,chairman of the ,commission1 shall-- 7,a7 take all necessary actions to complete implementation of this ,act before the end of the transition period2 and 7,b7 determine the dates certain1 which may not be earlier than the effective date nor later than the end of the transition period1 on which the transfers under paragraph 7#a7 shall occur4 7#c7 ,personnel 7,a7 ,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 ,justice4 7,b7 ,effect on personnel ,except as provided in subparagraph 7,c71 the transfer under this ,act of an ,,ftc antitrust employee shall not cause the employee to be separated or reduced in grade or compensation for #a year after the transfer date4 7,c7 ,executive schedule ,notwithstanding subparagraph 7,b71 the ,assistant ,attorney ,general may appoint an ,,ftc antitrust employee in a ,senior ,executive ,service position1 as defined in section #cacb of title #e1 ,united ,states ,code1 to a position within the ,antitrust ,division rate payable for a position at level #ae1 step #aj of the ,general ,schedule4 7,d7 ,voluntary nontransfer of personnel ,notwithstanding paragraph 7#a71 an ,,ftc antitrust employee may1 with the consent of the ,chairman of the ,commission1 elect to remain an employee of the ,commission assigned to a non-,,ftc ,antitrust ,unit4 7,e7 ,office space ,upon request from the ,assistant ,attorney ,general1 and in consultation as necessary with the ,general ,services ,administration1 the ,commission 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 its own office space or facilities4 ,after the transfer of ,,ftc antitrust funding to the ,department of ,justice1 the ,department of ,justice shall compensate the ,commission for the costs of the use of such office space or leased facilities4 7,f7 ,restructuring ,notwithstanding any other provision of law1 the ,assistant ,attorney ,general is authorized to restructure the ,antitrust ,division before the expiration of the transition period1 as the ,assistant ,attorney ,general determines is appropriate1 to carry out the purposes of this ,act and accomplish the efficient enforcement of the antitrust laws4 7#d7 ,antitrust actions 7,a7 ,in general ,as soon as is reasonably practicable during the transition period1 all open investigations1 litigations1 matters1 or other proceedings being supervised by an ,,ftc antitrust unit and relating to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 shall be transferred to and assumed by the ,department of ,justice4 7,b7 ,handling of certain administrative proceedings ,administrative proceedings that were initiated by the ,commission1 were unresolved as of the first day of the transition period1 and relate to enforcement of the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 shall be treated in the following manner3 7i7 ,any such proceeding pending before an administrative law judge shall be dismissed without prejudice and the matter shall be referred to the ,assistant ,attorney ,general4 7ii7 ,for any such proceeding pending on appeal before the ,commission1 the administrative appeal shall cease1 the ruling of the administrative law judge shall be treated as the final decision of the ,commission1 and the ,court of ,appeals for the ,district of ,columbia ,circuit shall have jurisdiction over any appeal therefrom4 7,c7 ,intervention 7i7 ,in general ,in any ,,ftc antitrust action before a court of the ,united ,states as of the first day of the transition period1 the court shall allow the ,department of ,justice to-- 7,i7 intervene and assume representation of the ,federal ,government from the ,commission2 and 7,,ii7 amend any complaint originally brought by the ,commission for the purpose of alleging violations of statutes other than the ,federal ,trade ,commission ,act as necessary and where appropriate4 7ii7 ,scheduling order upon request ,upon the request of the ,commission or the ,department of ,justice1 and in consultation with all parties to the matter1 the court shall issue an order making such scheduling adjustments as necessary to facilitate the transfer of prosecutorial responsibilities under this subparagraph4 7,d7 ,consent decrees ,at the end of the transition period1 the ,department of ,justice shall have sole authority to enforce violations of1 approve modifications to1 or rescind any consent decree entered into by the ,commission before the effective date that concerns conduct alleged to violate the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date4 7#e7 ,authority to conduct investigative studies 7,a7 ,reports of persons1 partnerships1 and corporations 7i7 ,in general ,the ,department of ,justice may require1 by general or special orders1 persons1 partnerships1 and corporations1 engaged in or whose business affects commerce to file with the ,department in such form as the ,department may prescribe annual or special reports or answers in writing to specific questions1 furnishing to the ,department such information as the ,department may require as to the organization1 business1 conduct1 practices1 management1 and relation to other corporations1 partnerships1 and individuals of the respective persons1 partnerships1 and corporations filing such reports or answers in writing4 7ii7 ,oath ,reports and answers required under clause 7i7 shall-- 7,i7 be made under oath or otherwise as the ,department may prescribe2 7,,ii7 pertain solely to competition or the application of the antitrust laws2 and 7,,iii7 be filed with the ,department within such reasonable period as the ,department may prescribe1 unless additional time be granted in any case by the ,department4 7,b7 ,publication of information or reports 7i7 ,in general ,except as provided in clause 7ii71 the ,department of ,justice-- 7,i7 shall make public from time to time such portions of the information obtained by the ,department under this paragraph as are in the public interest2 7,,ii7 may make annual and special reports to ,congress that include recommendations for additional legislation2 and 7,,iii7 shall provide for the publication of reports and decisions of the ,department in such form and manner as may be best adapted for public information and use4 7ii7 ,prohibition against publication of privileged or confidential information 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,department of ,justice shall not make public any trade secret or any commercial or financial information that is obtained from any person and that is privileged or confidential4 7,,ii7 ,exception ,the ,department may disclose information described in subclause 7,i7 to-- 7aa7 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 purposes2 or 7bb7 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 #ba7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;b-#b7;b774 7#f7 ,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 ,justice4 7b7 ,transition period 7#a7 ,in general ,except as provided in paragraph 7#b71 beginning on the effective date1 the ,commission may not-- 7,a7 hire or assign an employee to an ,,ftc ,antitrust ,unit2 7,b7 open a new investigation or matter within an ,,ftc ,antitrust ,unit or relating to antitrust enforcement2 7,c7 without the approval of the ,assistant ,attorney ,general1 enter into a consent decree1 enter into a settlement agreement1 or otherwise resolve an ,,ftc antitrust action2 or 7,d7 initiate a new ,,ftc antitrust action4 7#b7 ,enforcement on behalf of the department of justice ,notwithstanding paragraph 7#a71 during the transition period1 the ,assistant ,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 7a77#c74 7#c7 ,same rights and obligations 7,a7 ,in general ,notwithstanding any other provision of law1 during the transition period all ,department of ,justice employees under the supervision of the ,assistant ,attorney ,general shall have the same rights and obligations with respect to confidential information submitted to the ,commission as ,,ftc antitrust employees on the day before the effective date4 7,b7 ,rule of construction ,nothing in this paragraph may be construed as implying any change to the rights and obligations described in subparagraph 7,a7 as a result of this ,act4 7c7 ,agreements ,the ,assistant ,attorney ,general1 in consultation with the ,chairman of the ,commission1 shall-- 7#a7 review any agreements between the ,commission and any other ,federal agency or any foreign law enforcement agency2 and 7#b7 before the end of the transition period1 seek to amend1 transfer1 or rescind such agreements as necessary and appropriate to carry out this ,act1 endeavoring to complete such amendment1 transfer1 or rescindment with all due haste4 7d7 ,rules ,the ,attorney ,general shall1 pursuant to section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 and in accordance with section #eec of title #e1 ,united ,states ,code1 prescribe or amend any rules as necessary to carry out this ,act4 #e4 ,technical and conforming amendments 7a7 ,clayton ,act ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended-- 7#a7 in section #b 7#ae ,u4,s4,c4 #ac7-- 7,a7 in subsection 7a71 by striking ,federal ,trade ,commission and inserting ,attorney ,general of the ,united ,states2 and 7,b7 in subsection 7b71 by striking ,commission and inserting ,attorney ,general of the ,united ,states2 7#b7 in section #e7;a7 7#ae ,u4,s4,c4 #af7;a771 in the second sentence1 by striking 1 except that1 in any action or proceeding brought under the antitrust laws1 collateral estoppel effect shall not be given to any finding made by the ,federal ,trade ,commission under the antitrust laws or under section #e of the ,federal ,trade ,commission ,act which could give rise to a claim for relief under the antitrust laws2 7#c7 in section #g 7#ae ,u4,s4,c4 #ah7-- 7,a7 in the first undesignated paragraph1 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 commerce2 and 7,b7 in the second undesignated paragraph1 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 commerce2 7#d7 in section #g;,a 7#ae ,u4,s4,c4 #ah;a7-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a77;,a71 in the matter preceding clause 7i71 by striking the ,federal ,trade ,commission and2 and 7ii7 in paragraph 7#b71 by striking ,federal ,trade ,commission and the2 7,b7 in subsection 7c7-- 7i7 in paragraph 7#f71 by striking the ,federal ,trade ,commission and2 and 7ii7 in paragraph 7#h71 by striking the ,federal ,trade ,commission and2 7,c7 in subsection 7d7-- 7i7 in the matter preceding paragraph 7#a71 by striking ,federal ,trade ,commission1 with the concurrence of the ,assistant ,attorney ,general and and inserting ,attorney ,general of the ,united ,states2 and 7ii7 in paragraph 7#a71 by striking the ,federal ,trade ,commission and2 7,d7 in subsection 7e7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking ,federal ,trade ,commission or the2 and 7,,ii7 in subparagraph 7,b71 by striking and the ,federal ,trade ,commission shall each and inserting shall2 and 7ii7 in paragraph 7#b7-- 7,i7 by striking ,federal ,trade ,commission or the2 7,,ii7 by striking its or'2 7,,iii7 by striking the ,federal ,trade ,commission or each place the term appears2 and 7,,iv7 by striking 1 as the case may be12 7,e7 in subsection 7f7-- 7i7 by striking the ,federal ,trade ,commission1 alleging that a proposed acquisition violates section #g of this ,act or section #e of the ,federal ,trade ,commission ,act1 or an action is filed by2 and 7ii7 by striking the ,federal ,trade ,commission or2 7,f7 in subsection 7g77#b71 in the matter following subparagraph 7,c71 by striking the ,federal ,trade ,commission or2 7,g7 in subsection 7h71 by striking or the ,federal ,trade ,commission2 and 7,h7 in subsection 7i7-- 7i7 in paragraph 7#a71 by striking the ,federal ,trade ,commission or each place the term appears2 and 7ii7 in paragraph 7#b7-- 7,i7 by striking or the ,federal ,trade ,commission2 and 7,j7 by striking 1 the ,federal ,trade ,commission ,act12 and 7#e7 in section #h7;a77#e7 7#ae ,u4,s4,c4 #ai7;a77#e771 in the second sentence1 by striking ,federal ,trade ,commission and inserting ,attorney ,general of the ,united ,states4 7b7 ,charitable ,gift ,annuity ,antitrust ,relief ,act of #aiie ,section #c7a7 of the ,charitable ,gift ,annuity ,antitrust ,relief ,act of #aiie 7#ae ,u4,s4,c4 #cg;a7#a77 is amended by striking 1 except that such term includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent that such section #e applies to unfair methods of competition4 7c7 ,pension ,funding ,equity ,act of #bjjd ,section #bjg7;b77#a77;,a77i7 of the ,pension ,funding ,equity ,act of #bjjd 7#ae ,u4,s4,c4 #cg;b7b77#a77;,a77i77 is amended by striking 1 except that such term includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent such section #e applies to unfair methods of competition4 7d7 ,federal ,trade ,commission ,act ,the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 is amended-- 7#a7 in section #e 7#ae ,u4,s4,c4 #de7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a71 by striking methods of competition in or affecting commerce1 and unfair2 7ii7 by striking paragraph 7#c72 and 7iii7 by redesignating paragraph 7#d7 as paragraph 7#c72 7,b7 in subsection 7b7-- 7i7 in the first sentence1 by striking unfair method of competition or2 and 7ii7 in the fifth sentence-- 7,i7 by striking the method of competition or2 and 7,,ii7 by striking method of competition or such2 7,c7 in subsection 7c7-- 7i7 in the first sentence-- 7,i7 by striking method of competition or2 and 7,,ii7 by striking method of competition or the2 and 7ii7 in the third sentence1 by striking or to competitors2 7,d7 by striking subsection 7e72 7,e7 in subsection 7g71 by striking paragraph 7#d72 and 7,f7 in subsection 7n71 in the first sentence1 by striking or to competition2 7#b7 in section #f 7#ae ,u4,s4,c4 #df7-- 7,a7 by striking subsections 7c7 through 7e7 and 7i72 7,b7 by redesignating-- 7i7 subsections 7f71 7g71 and 7h7 as subsections 7c7 through 7e71 respectively2 and 7ii7 subsections 7j7 through 7l7 as subsections 7f7 through 7h71 respectively2 7,c7 in subsection 7f77#a71 as so redesignated1 by striking other than ,federal antitrust laws 7as defined in section #ab7e7 of the ,international ,antitrust ,enforcement ,assistance ,act of #aiid 7#ae ,u4,s4,c4 #fbaa7e77712 and 7,d7 in subsection 7h77#b71 as so redesignated1 in the matter preceding subparagraph 7,a71 by striking or competition2 7#c7 by repealing section #g 7#ae ,u4,s4,c4 #dg72 7#d7 in section #aa 7#ae ,u4,s4,c4 #ea71 by striking antitrust ,acts or the each place the term appears2 7#e7 in section #ah 7#ae ,u4,s4,c4 #eg;a7a77#b771 by striking the second sentence2 7#f7 in section #bj 7#ae ,u4,s4,c4 #eg;b-#a7-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#b71 by striking or in any antitrust violations2 7ii7 in paragraph 7#c71 by striking or any provisions relating to antitrust violations2 7iii7 in paragraph 7#g71 by striking or any antitrust violation2 and 7iv7 by striking paragraph 7#h72 7,b7 in subsection 7c77#a71 by striking or to antitrust violations12 and 7,c7 in subsection 7j77#a71 by striking 1 any proceeding under section #aa7;b7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ba7;b7712 7#g7 in section #ba7;b77#f7 7#ae ,u4,s4,c4 #eg;b-#b7;b77#f771 in the matter following subparagraph 7,d71 by striking paragraphs 7#e7 and 7#g7 and inserting paragraphs 7#d7 and 7#f72 and 7#h7 in section #ba;,a 7#ae ,u4,s4,c4 #eg;b-#b;a7-- 7,a7 by striking subsection 7f72 7,b7 by redesignating subsection 7g7 as subsection 7f72 7,c7 in subsection 7f71 as so redesignated1 by striking subsection 7g7 each place the term appears and inserting subsection 7f72 and 7,d7 in section #bd 7#ae ,u4,s4,c4 #eg;b-#e7;a771 by striking for any conduct which1 because of the provisions of the ,act entitled ,an ,act to authorize association of producers of agricultural products1 approved ,february #ah1 #aibb 7#g ,u4,s4,c4 #bia et seq41 commonly known as the ,capper-,volstead ,act71 is not a violation of any of the antitrust ,acts or this ,act4 7e7 ,webb-,pomerene ,act ,the ,webb-,pomerene ,act 7#ae ,u4,s4,c4 #fa et seq47 is amended-- 7#a7 by repealing section #d 7#ae ,u4,s4,c4 #fd72 and 7#b7 in section #e-- 7,a7 in the first undesignated paragraph-- 7i7 in the first sentence1 by striking ,federal ,trade ,commission and inserting ,attorney ,general of the ,united ,states2 and 7ii7 in the second sentence1 by striking commission each place the term appears and inserting ,attorney ,general of the ,united ,states2 7,b7 in the second undesignated paragraph-- 7i7 in the first sentence1 by striking ,federal ,trade ,commission and inserting ,attorney ,general of the ,united ,states2 and 7ii7 by striking the third sentence2 and 7,c7 by striking the third undesignated paragraph4 7f7 ,wool ,products ,labeling ,act of #aici ,the ,wool ,products ,labeling ,act of #aici 7#ae ,u4,s4,c4 #fh et seq47 is amended-- 7#a7 by striking an unfair method of competition1 and each place the term appears2 and 7#b7 in section #fh;g7b71 by striking an unfair method of competition and4 7g7 ,fur ,products ,labeling ,act ,the ,fur ,products ,labeling ,act 7#ae ,u4,s4,c4 #fi et seq47 is amended by striking an unfair method of competition1 and each place the term appears4 7h7 ,textile ,fiber ,products ,identification ,act ,the ,textile ,fiber ,products ,identification ,act 7#ae ,u4,s4,c4 #gj et seq47 is amended-- 7#a7 by striking an unfair method of competition1 and each place the term appears2 and 7#b7 in section #c 7#ae ,u4,s4,c4 #gj;a71 by striking an unfair method of competition and each place the term appears4 7i7 ,antitrust ,civil ,process ,act ,section #d7;d7 of the ,antitrust ,civil ,process ,act 7#ae ,u4,s4,c4 #acac7;d77 is amended-- 7#a7 in paragraph 7#a71 by striking 7#a7 ,whoever and inserting ,whoever2 and 7#b7 by striking paragraph 7#b74 7j7 ,international ,antitrust ,enforcement ,assistance ,act of #aiid ,the ,international ,antitrust ,enforcement ,assistance ,act of #aiid 7#ae ,u4,s4,c4 #fbja et seq47 is amended-- 7#a7 in section #b 7#ae ,u4,s4,c4 #fbja71 in the matter preceding paragraph 7#a71 by striking and the ,federal ,trade ,commission2 7#b7 in section #c7;b7 7#ae ,u4,s4,c4 #fbjb7;b771 by striking and the ,commission may1 using their respective authority to investigate possible violations of the ,federal antitrust laws1 and inserting may2 7#c7 in section #e7a7 7#ae ,u4,s4,c4 #fbjd7a771 by striking or the ,commission each place the term appears2 7#d7 in section #f 7#ae ,u4,s4,c4 #fbje7-- 7,a7 by striking or the ,commission2 and 7,b7 by striking #f7;f7 and inserting #f7;c72 7#e7 in section #g 7#ae ,u4,s#fbjf7-- 7,a7 by striking 1 with the concurrence of the ,commission1 each place the term appears2 and 7,b7 in subsection 7c77#b77;,b71 by striking and the ,commission2 7#f7 in section #h 7#ae ,u4,s4,c4 #fbjg7-- 7,a7 by striking ,neither the ,attorney ,general nor the ,commission may each place the term appears and inserting ,the ,attorney ,general may not2 7,b7 in subsection 7a71 by striking or the ,commission1 as the case may be12 7,c7 in subsection 7b71 by striking or the ,commission2 and 7,d7 in subsection 7c7-- 7i7 by striking or the ,commission2 and 7ii7 by striking or the ,commission1 as the case may be12 7#g7 in section #aj 7#ae ,u4,s4,c4 #fbji7-- 7,a7 in subsection 7a7-- 7i7 by striking 1 the ,commission12 and 7ii7 by striking 7a7 ,in ,general4--,the and inserting ,the2 and 7,b7 by striking subsection 7b72 7#h7 in section #ab 7#ae ,u4,s4,c4 #fbaa7-- 7,a7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking and the ,commission jointly determine and inserting determines2 7,,ii7 by striking jointly2 and 7,,iii7 by striking and the ,commission2 7ii7 in subparagraph 7,a7-- 7,i7 by striking and the ,commission each place the term appears2 and 7,,ii7 by striking provide and inserting provides2 7iii7 in subparagraph 7,e77ii71 in the matter preceding subclause 7,i71 by striking or the ,commission1 as the case may be12 7iv7 in subparagraph 7,f7-- 7,i7 by striking or the ,commission2 and 7,,ii7 by striking or the ,commission1 respectively12 and 7v7 in subparagraph 7,h7-- 7,i7 in clause 7i7-- 7aa7 by striking or the ,commission2 and 7bb7 by striking or the ,commission1 respectively12 and 7,,ii7 in clause 7ii71 by striking or the ,commission each place the term appears2 7,b7 by striking paragraph 7#d72 7,c7 by redesignating paragraphs 7#e7 through 7#i7 as paragraphs 7#d7 through 7#h71 respectively2 and 7,d7 in paragraph 7#d71 as so redesignated1 by striking but also includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent that such section #e applies to unfair methods of competition2 and 7#i7 in section #ac 7#ae ,u4,s4,c4 #fbab7-- 7,a7 by striking and the ,commission are and inserting is2 and 7,b7 by striking or the ,commission1 respectively14 7k7 ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc ,subtitle ,b of title ,,xi of the ,medicare ,prescription ,drug1 ,improvement1 and ,modernization ,act of #bjjc 7,public ,law #ajh-agc2 #aag ,stat4 #bdfa7 is amended-- 7#a7 in the subtitle heading1 by striking ,federal ,trade ,commission and inserting ,antitrust2 7#b7 in section #aaaa 7#ba ,u4,s4,c4 #cee note7-- 7,a7 by striking paragraph 7#h72 and 7,b7 by redesignating paragraphs 7#i7 through 7#ab7 as paragraphs 7#h7 through 7#aa71 respectively2 7#c7 in section #aaab7;c7 7#ba ,u4,s4,c4 #cee note71 by striking and the ,commission each place the term appears2 7#d7 in section #aaac 7#ba ,u4,s4,c4 #cee note71 by striking and the ,commission2 7#e7 in section #aaad 7#ba ,u4,s4,c4 #cee note71 by striking or the ,commission2 7#f7 in section #aaae 7#ba ,u4,s4,c4 #cee note7-- 7,a7 in subsection 7a71 by striking 1 or brought by the ,commission in accordance with the procedures established in section #af7;a77#a7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a772 and 7,b7 in subsection 7b71 by striking or the ,commission2 7#g7 in section #aaaf 7#ba ,u4,s4,c4 #cee note71 in the matter preceding paragraph 7#a71 by striking ,commission1 with the concurrence of the ,assistant ,attorney ,general and inserting ,attorney ,general2 and 7#h7 in section #aaag 7#ba ,u4,s4,c4 #cee note71 by striking or the ,commission each place the term appears4 7l7 ,other laws ,for any other provision of law requiring the ,assistant ,attorney ,general or the ,attorney ,general to consult with or seek the concurrence of the ,commission or the ,chairman of the ,commission1 where such requirement relates to the antitrust laws or unfair methods of competition under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 as in effect on the day before the effective date1 that requirement shall be waived4 #f4 ,effective date ,except where explicitly provided otherwise1 this ,act and the amendments made by this ,act shall take effect on the start of the first fiscal year that is at least #ij days after the date of enactment of this ,act4