Sec. 5. Technical and conforming amendments

2,134 words·~10 min read·/bill/116/s/4918/is/section-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The Clayton Act ( 15 U.S.C. 12 et seq.) is amended— in section 2 ( 15 U.S.C. 13 )— in subsection (a), by striking Federal Trade Commission and inserting Attorney General of the United States ; and in subsection (b), by striking Commission and inserting Attorney General of the United States ; in section 5(a) ( 15 U.S.C. 16(a) ), in the second sentence, by striking , except that, in any action or proceeding brought under the antitrust laws, collateral estoppel effect shall not be given to any finding made by the Federal Trade Commission under the antitrust laws or under section 5 of the Federal Trade Commission Act which could give rise to a claim for relief under the antitrust laws ; in section 7 ( 15 U.S.C. 18 )— in the first undesignated paragraph, 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 commerce ; and in the second undesignated paragraph, 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 commerce ; in section 7A ( 15 U.S.C. 18a )— in subsection (b)— in paragraph (1)(A), in the matter preceding clause (i), by striking the Federal Trade Commission and ; and in paragraph (2), by striking Federal Trade Commission and the ; in subsection (c)— in paragraph (6), by striking the Federal Trade Commission and ; and in paragraph (8), by striking the Federal Trade Commission and ; in subsection (d)— in the matter preceding paragraph (1), by striking Federal Trade Commission, with the concurrence of the Assistant Attorney General and and inserting Attorney General of the United States ; and in paragraph (1), by striking the Federal Trade Commission and ; in subsection (e)— in paragraph (1)— in subparagraph (A), by striking Federal Trade Commission or the ; and in subparagraph (B), by striking and the Federal Trade Commission shall each and inserting shall ; and in paragraph (2)— by striking Federal Trade Commission or the ; by striking its or’ ; by striking the Federal Trade Commission or each place the term appears; and by striking , as the case may be, ; in subsection (f)— by striking the Federal Trade Commission, alleging that a proposed acquisition violates section 7 of this Act or section 5 of the Federal Trade Commission Act, or an action is filed by ; and by striking the Federal Trade Commission or ; in subsection (g)(2), in the matter following subparagraph (C), by striking the Federal Trade Commission or ; in subsection (h), by striking or the Federal Trade Commission ; and in subsection (i)— in paragraph (1), by striking the Federal Trade Commission or each place the term appears; and in paragraph (2)— by striking or the Federal Trade Commission ; and by striking , the Federal Trade Commission Act, ; and in section 8(a)(5) ( 15 U.S.C. 19(a)(5) ), in the second sentence, by striking Federal Trade Commission and inserting Attorney General of the United States .

Section 3(1) of the Charitable Gift Annuity Antitrust Relief Act of 1995 ( 15 U.S.C. 37a(1) ) is amended by striking , except that such term includes section 5 of the Federal Trade Commission Act ( . 15 U.S.C. 45 ) to the extent that such section 5 applies to unfair methods of competition Section 207(b)(1)(A)(i) of the Pension Funding Equity Act of 2004 ( 15 U.S.C. 37b(b)(1)(A)(i) ) is amended by striking , except that such term includes section 5 of the Federal Trade Commission Act ( . 15 U.S.C. 45 ) to the extent such section 5 applies to unfair methods of competition The Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) is amended— in section 5 ( 15 U.S.C. 45 )— in subsection (a)— in paragraph (1), by striking methods of competition in or affecting commerce, and unfair ; by striking paragraph (3); and by redesignating paragraph

(4)as paragraph (3); in subsection (b)— in the first sentence, by striking unfair method of competition or ; and in the fifth sentence— by striking the method of competition or ; and by striking method of competition or such ; in subsection (c)— in the first sentence— by striking method of competition or ; and by striking method of competition or the ; and in the third sentence, by striking or to competitors ; by striking subsection (e); in subsection (g), by striking paragraph (4); and in subsection (n), in the first sentence, by striking or to competition ; in section 6 ( 15 U.S.C. 46 )— by striking subsections

(c)through

(e)and (i); by redesignating— subsections (f), (g), and

(h)as subsections

(c)through (e), respectively; and subsections

(j)through

(l)as subsections

(f)through (h), respectively; in subsection (f)(1), as so redesignated, by striking other than Federal antitrust laws (as defined in section 12(5) of the International Antitrust Enforcement Assistance Act of 1994 ( ; and 15 U.S.C. 6211(5) )), in subsection (h)(2), as so redesignated, in the matter preceding subparagraph (A), by striking or competition ; by repealing section 7 ( 15 U.S.C. 47 ); in section 11 ( 15 U.S.C. 51 ), by striking antitrust Acts or the each place the term appears; in section 18 ( 15 U.S.C. 57a(a)(2) ), by striking the second sentence; in section 20 ( 15 U.S.C. 57b–1 )— in subsection (a)— in paragraph (2), by striking or in any antitrust violations ; in paragraph (3), by striking or any provisions relating to antitrust violations ; in paragraph (7), by striking or any antitrust violation ; and by striking paragraph (8); in subsection (c)(1), by striking or to antitrust violations, ; and in subsection (j)(1), by striking , any proceeding under section 11(b) of the Clayton Act ( ; 15 U.S.C. 21(b) ), in section 21(b)(6) ( 15 U.S.C. 57b–2(b)(6) ), in the matter following subparagraph (D), by striking paragraphs

(5)and

(7)and inserting paragraphs

(4)and

(6); and in section 21A ( 15 U.S.C. 57b–2a )— by striking subsection (f); by redesignating subsection

(g)as subsection (f); in subsection (f), as so redesignated, by striking subsection

(g)each place the term appears and inserting subsection

(f); and in section 24 ( 15 U.S.C. 57b–5(a) ), by striking for any conduct which, because of the provisions of the Act entitled . An Act to authorize association of producers of agricultural products , approved February 18, 1922 ( 7 U.S.C. 291 et seq., commonly known as the Capper-Volstead Act), is not a violation of any of the antitrust Acts or this Act The Webb-Pomerene Act ( 15 U.S.C. 61 et seq.) is amended— by repealing section 4 ( 15 U.S.C. 64 ); and in section 5— in the first undesignated paragraph— in the first sentence, by striking Federal Trade Commission and inserting Attorney General of the United States ; and in the second sentence, by striking commission each place the term appears and inserting Attorney General of the United States ; in the second undesignated paragraph— in the first sentence, by striking Federal Trade Commission and inserting Attorney General of the United States ; and by striking the third sentence; and by striking the third undesignated paragraph. The Wool Products Labeling Act of 1939 ( 15 U.S.C. 68 et seq.) is amended— by striking an unfair method of competition, and each place the term appears; and in section 68g(b), by striking an unfair method of competition and . The Fur Products Labeling Act ( 15 U.S.C. 69 et seq.) is amended by striking an unfair method of competition, and each place the term appears. The Textile Fiber Products Identification Act ( 15 U.S.C. 70 et seq.) is amended— by striking an unfair method of competition, and each place the term appears; and in section 3 ( 15 U.S.C. 70a ), by striking an unfair method of competition and each place the term appears. Section 4(d) of the Antitrust Civil Process Act ( 15 U.S.C. 1313(d) ) is amended— in paragraph (1), by striking

(1)Whoever and inserting Whoever ; and by striking paragraph (2). The International Antitrust Enforcement Assistance Act of 1994 ( 15 U.S.C. 6201 et seq.) is amended— in section 2 ( 15 U.S.C. 6201 ), in the matter preceding paragraph (1), by striking and the Federal Trade Commission ; in section 3(b) ( 15 U.S.C. 6202(b) ), by striking and the Commission may, using their respective authority to investigate possible violations of the Federal antitrust laws, and inserting may ; in section 5(1) ( 15 U.S.C. 6204(1) ), by striking or the Commission each place the term appears; in section 6 ( 15 U.S.C. 6205 )— by striking or the Commission ; and by striking 6(f) and inserting 6(c) ; in section 7 (15 U.S6206)— by striking , with the concurrence of the Commission, each place the term appears; and in subsection (c)(2)(B), by striking and the Commission ; in section 8 ( 15 U.S.C. 6207 )— by striking Neither the Attorney General nor the Commission may each place the term appears and inserting The Attorney General may not ; in subsection (a), by striking or the Commission, as the case may be, ; in subsection (b), by striking or the Commission ; and in subsection (c)— by striking or the Commission ; and by striking or the Commission, as the case may be, ; in section 10 ( 15 U.S.C. 6209 )— in subsection (a)— by striking , the Commission, ; and by striking

(a)In General.—The and inserting The ; and by striking subsection (b); in section 12 ( 15 U.S.C. 6211 )— in paragraph (2)— in the matter preceding subparagraph (A)— by striking and the Commission jointly determine and inserting determines ; by striking jointly ; and by striking and the Commission ; in subparagraph (A)— by striking and the Commission each place the term appears; and by striking provide and inserting provides ; in subparagraph (E)(ii), in the matter preceding subclause (I), by striking or the Commission, as the case may be, ; in subparagraph (F)— by striking or the Commission ; and by striking or the Commission, respectively, ; and in subparagraph (H)— in clause (i)— by striking or the Commission ; and by striking or the Commission, respectively, ; and in clause (ii), by striking or the Commission each place the term appears; by striking paragraph (4); by redesignating paragraphs

(5)through

(9)as paragraphs

(4)through (8), respectively; and in paragraph (4), as so redesignated, by striking but also includes section 5 of the Federal Trade Commission Act ( ; and 15 U.S.C. 45 ) to the extent that such section 5 applies to unfair methods of competition in section 13 ( 15 U.S.C. 6212 )— by striking and the Commission are and inserting is ; and by striking or the Commission, respectively, . Subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2461) is amended— in the subtitle heading, by striking Federal Trade Commission and inserting Antitrust ; in section 1111 ( 21 U.S.C. 355 note)— by striking paragraph (8); and by redesignating paragraphs

(9)through

(12)as paragraphs

(8)through (11), respectively; in section 1112(c) ( 21 U.S.C. 355 note), by striking and the Commission each place the term appears; in section 1113 ( 21 U.S.C. 355 note), by striking and the Commission ; in section 1114 ( 21 U.S.C. 355 note), by striking or the Commission ; in section 1115 ( 21 U.S.C. 355 note)— in subsection (a), by striking , or brought by the Commission in accordance with the procedures established in section 16(a)(1) of the Federal Trade Commission Act ( ; and 15 U.S.C. 56(a) ) in subsection (b), by striking or the Commission ; in section 1116 ( 21 U.S.C. 355 note), in the matter preceding paragraph (1), by striking Commission, with the concurrence of the Assistant Attorney General and inserting Attorney General ; and in section 1117 ( 21 U.S.C. 355 note), by striking or the Commission each place the term appears. 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 Commission, where such requirement relates 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, that requirement shall be waived.

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