Sec. 4. Transfer of antitrust enforcement functions from the Federal Trade Commission to the Department of Justice
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Except as provided in paragraph (3)(D), there shall be transferred to the Department of Justice all FTC antitrust functions, FTC antitrust employees, FTC antitrust assets, and FTC antitrust funding on the earlier of— the date determined by the Assistant Attorney General under paragraph (2)(B); or the end of the transition period. The Assistant Attorney General, taking care to minimize disruption to ongoing enforcement matters and in consultation as necessary with the Attorney General, the Office of Personnel Management, the General Services Administration, and the Chairman of the Commission, shall— take all necessary actions to complete implementation of this Act before the end of the transition period; and 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. 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. Except as provided in subparagraph (C), 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 1 year after the transfer date. Notwithstanding subparagraph (B), the Assistant Attorney General may appoint an FTC antitrust employee in a Senior Executive Service position, as defined in section 3132 of title 5, United States Code, to a position within the Antitrust Division rate payable for a position at level 15, step 10 of the General Schedule. Notwithstanding paragraph (1), an FTC antitrust employee may, with the consent of the Chairman of the Commission, elect to remain an employee of the Commission assigned to a non-FTC Antitrust Unit. Upon request from the Assistant Attorney General, and in consultation as necessary with the General Services Administration, 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 facilities. After the transfer of FTC antitrust funding to the Department of Justice, the Department of Justice shall compensate the Commission for the costs of the use of such office space or leased facilities. Notwithstanding any other provision of law, the Assistant Attorney General is authorized to restructure the Antitrust Division before the expiration of the transition period, as the Assistant Attorney General determines is appropriate, to carry out the purposes of this Act and accomplish the efficient enforcement of the antitrust laws. As soon as is reasonably practicable during the transition period, all open investigations, 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. Administrative proceedings that were initiated by the Commission, were unresolved as of the first day of the transition period, and relate to enforcement of 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 treated in the following manner: Any such proceeding pending before an administrative law judge shall be dismissed without prejudice and the matter shall be referred to the Assistant Attorney General. For any such proceeding pending on appeal before the Commission, the administrative appeal shall cease, the ruling of the administrative law judge shall be treated as the final decision of the Commission, and the Court of Appeals for the District of Columbia Circuit shall have jurisdiction over any appeal therefrom. In any FTC antitrust action before a court of the United States as of the first day of the transition period, the court shall allow the Department of Justice to— intervene and assume representation of the Federal Government from the Commission; and 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 appropriate. Upon the request of the Commission or the Department of Justice, and in consultation with all parties to the matter, the court shall issue an order making such scheduling adjustments as necessary to facilitate the transfer of prosecutorial responsibilities under this subparagraph. At the end of the transition period, the Department of Justice shall have sole authority to enforce violations of, approve modifications to, 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 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ), as in effect on the day before the effective date. The Department of Justice may require, by general or special orders, persons, partnerships, and corporations, 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 questions, furnishing to the Department such information as the Department 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. Reports and answers required under clause
(i)shall— be made under oath or otherwise as the Department may prescribe; pertain solely to competition or the application of the antitrust laws; and be filed with the Department within such reasonable period as the Department may prescribe, unless additional time be granted in any case by the Department. Except as provided in clause (ii), the Department of Justice— shall make public from time to time such portions of the information obtained by the Department under this paragraph as are in the public interest; may make annual and special reports to Congress that include recommendations for additional legislation; and 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 use. Except as provided in subclause (II), 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 confidential. The Department may disclose information described in subclause
(I)to— 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 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) ). 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 as provided in paragraph (2), beginning on the effective date, the Commission may not— hire or assign an employee to an FTC Antitrust Unit; open a new investigation or matter within an FTC Antitrust Unit or relating to antitrust enforcement; without the approval of the Assistant Attorney General, enter into a consent decree, enter into a settlement agreement, or otherwise resolve an FTC antitrust action; or initiate a new FTC antitrust action. Notwithstanding paragraph (1), during the transition period, 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 (a)(3). Notwithstanding any other provision of law, 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 date. 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. The Assistant Attorney General, in consultation with the Chairman of the Commission, shall— review any agreements between the Commission and any other Federal agency or any foreign law enforcement agency; and 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. 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 this Act.
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- 15 USC 57b–2(b)
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Sec. 4
Transfer of antitrust enforcement functions from the Federal Trade Commission to the Department of Justice
Cite15 USC 57b–2(b)
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