One Agency Act

Bill Summary: One Agency Act (S. 1059)

Overview

The One Agency Act is a legislative proposal designed to consolidate federal antitrust enforcement by transferring all antitrust responsibilities from the Federal Trade Commission (FTC) to the Department of Justice (DOJ). The bill asserts that the current overlapping jurisdiction between these two agencies wastes taxpayer resources and creates uncertainty for American businesses and consumers.

Main Purpose and Intent

The primary goal of the bill is to establish a single entity—the Department of Justice—as the sole federal authority responsible for enforcing U.S. antitrust laws (specifically the Sherman Act and the Clayton Act). By eliminating the dual-agency system, the bill aims to promote more efficient, vigorous, and consistent enforcement of competition laws.

Key Provisions

Consolidation of Authority

• Transfer of Functions: All "FTC antitrust actions," including investigations, litigations, and administrative proceedings, will be transferred to the Attorney General.
• Resource Transfer: The DOJ will take over all FTC antitrust employees, physical assets (excluding office space), and funding designated for antitrust units (specifically the FTC's Bureau of Competition and relevant divisions of the Bureau of Economics).
• Premerger Notifications: All premerger notification filings that were previously required to be submitted to the FTC must now be submitted to the Attorney General.
• Consent Decrees: The Attorney General will assume sole authority to enforce, modify, or rescind consent decrees previously entered into by the FTC.

Transition Management

• Transition Period: The transfer begins on the effective date and lasts for one year (potentially extendable by the Attorney General for an additional 180 days).
• Operational Continuity: During this window, the FTC is prohibited from hiring new antitrust staff or opening new antitrust investigations. However, the Attorney General may "deputize" FTC employees to ensure ongoing cases are not disrupted.
• Restructuring: The Attorney General is granted explicit authority to restructure the DOJ’s Antitrust Division to accommodate the influx of personnel and assets.

Legislative Amendments

The bill includes extensive "technical and conforming amendments" across multiple federal laws to remove references to the FTC's role in antitrust, including:
* The Clayton Act and the Federal Trade Commission Act.
* The Webb-Pomerene Act.
* Various labeling acts (Wool, Fur, and Textile Fiber Products).
* The International Antitrust Enforcement Assistance Act of 1994.
* The Medicare Prescription Drug, Improvement, and Modernization Act of 2003.

Who is Affected?

• The Federal Trade Commission (FTC): The agency would lose its entire antitrust enforcement arm (the Bureau of Competition), significantly narrowing its scope of authority.
• The Department of Justice (DOJ): The Antitrust Division would see a massive increase in staffing, funding, and caseload.
• Businesses and Corporations: Companies seeking to merge or under investigation for antitrust violations would deal with a single federal point of contact rather than two separate agencies.
• FTC Employees: Staff assigned to antitrust units would be transferred to the DOJ.

Timeline and Procedural Aspects

• Effective Date: The Act takes effect on the start of the first fiscal year that is at least 90 days after the date of enactment.
• Status: The bill was introduced in the Senate on March 13, 2025, and has been referred to the Committee on the Judiciary.