House Judiciary Committee Proposes Transfer of FTC Antitrust Work to DOJ

That’s why the U.S. House of Representatives Judiciary Committee’s move to make a fundamental shift is so exciting. They propose shifting basic Federal Trade Commission (FTC) antitrust responsibilities over to the Department of Justice (DOJ). We hope this initiative is part of a much larger budget reconciliation package. Its mission is to unify federal antitrust enforcement throughout the United States. The move comes as a continuing debate about the adequacy of current antitrust enforcement tools rages.

For more than a hundred years, federal antitrust jurisdiction has been jointly held by the FTC and the DOJ. This framework constantly shields consumers and businesses alike from pernicious anticompetitive conduct. The proposal goes beyond simply combining these roles to improve the efficiency of antitrust enforcement. U.S. Senator Mike Lee, a Republican from Utah, has long advocated for a merger of the FTC and DOJ’s functions, having introduced similar bills in previous congressional sessions.

The unusual way that the proposal is being considered presents unique opportunities and challenges. This approach requires only a simple majority in the Republican-controlled Senate. That would be a much simpler pathway to passage than the normal legislative process, which would require 60 votes to beat a likely filibuster. It is still unclear whether this proposal will be able to sail through the reconciliation process and become law.

As the longtime maglev champion that he is, Senator Lee has always been committed to this. His commitment reflects a growing desire among some legislators to enforce stricter oversight over antitrust practices. Supporters claim that merging the FTC’s and DOJ’s functions would result in strategically more coherent enforcement of monopolistic behavior. Critics are already speaking out against it. They express concern with how this new direction may negatively affect both consumer protection and competition within the marketplace.

Going forward, the future of this proposal is uncertain. Lawmakers need to understand what antitrust enforcement consolidation might accomplish. Importantly, they must acknowledge the past failures in both agencies’ efforts to protect competition in the market. That result would mark a seismic shift in how antitrust laws will be enforced going forward.