PolicyBrief
H.R. 384
119th CongressJan 14th 2025
One Agency Act
IN COMMITTEE

The One Agency Act consolidates federal antitrust enforcement by transferring all antitrust functions, personnel, and resources from the Federal Trade Commission to the Department of Justice.

Ben Cline
R

Ben Cline

Representative

VA-6

LEGISLATION

One Agency Act Consolidates Antitrust Power: DOJ to Take Full Control of Corporate Competition Oversight

The One Agency Act aims to overhaul how the federal government polices corporate monopolies by stripping the Federal Trade Commission (FTC) of its antitrust powers and handing them entirely to the Department of Justice (DOJ). Under this bill, the DOJ becomes the sole sheriff in town for enforcing the Sherman and Clayton Acts, ending the decades-old 'dual enforcement' system where both agencies shared the workload. The change kicks in on the first day of the fiscal year at least 90 days after the bill is signed, triggering a massive migration of personnel, files, and funding from the FTC to the DOJ's Antitrust Division.

Picking a Single Sheriff

Right now, if two massive tech companies or grocery chains want to merge, they might deal with the FTC or the DOJ depending on the industry. This bill argues that having two agencies is a waste of taxpayer money and creates a confusing 'he-said, she-said' environment for businesses. By moving all 'FTC antitrust assets'—which includes every digital record and physical file—to the DOJ, the goal is to create a one-stop shop for competition law. For a small business owner struggling against a massive competitor, this means your complaints would go to one place. However, it also means that if the DOJ decides not to pursue a case, there is no second agency like the FTC to take a look, effectively putting all your eggs in one basket (SEC. 4).

The Great Office Shuffle

The transition isn't just about moving files; it’s about moving people. 'FTC antitrust employees' will be reassigned to the DOJ, and while they might keep their old desks for a while, they eventually report to the Attorney General. The bill gives the Attorney General broad power to restructure the Antitrust Division 'in any way necessary' to make this work (SEC. 4). This is where things get a bit murky. While efficiency sounds great, this broad authority means a single political appointee could significantly reshape how our country handles anti-monopoly laws without much outside check. If you’re a consumer worried about rising prices due to lack of competition, the effectiveness of this bill depends entirely on how the DOJ chooses to use its newly beefed-up department.

Locking the FTC’s Doors

Once the clock starts, the FTC is essentially frozen in its tracks regarding competition. The bill explicitly prohibits the FTC from hiring new antitrust staff, opening new investigations, or even settling existing cases without the DOJ’s permission (SEC. 4). This 'Transition Period' could last up to two years if the Attorney General decides more time is needed to avoid 'harm to the interests of the United States.' During this time, the DOJ also gains the keys to all existing 'consent decrees'—those legal agreements that keep big companies in check after past violations. For the average person, this means a major shift in oversight; the DOJ will now be the only entity making sure companies play by the rules they agreed to years ago (SEC. 5).