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National Review Op-ed: It is Time for One Agency to Enforce Antitrust

  • James Edwards
  • Feb 26
  • 1 min read

The Department of Justice should have sole authority, not share it with the FTC.


Op-ed in National Review by Committee for Justice Senior Advisor for Federal Affairs James Edwards:


Having more than one agency responsible for antitrust enforcement has proven tantamount to having too many cooks in the kitchen.


One possible solution may be contained in legislation awaiting U.S. House consideration during the lame-duck Congress. It would both rein in the administrative state and make antitrust enforcement more efficient.


At present, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) share antitrust-enforcement jurisdiction. This has led to a confused and confusing state at odds with the national interest in uniform enforcement of antitrust laws.


The One Agency Act (H.R. 7737) was introduced in March by Representative Ben Cline (R., Va.) and passed the House Judiciary Committee in April on a 16-7 vote. It’s now poised for consideration by the full U.S. House.


This speed was achievable because the problem and the solution are simple and straightforward: The legislative remedy would vest all antitrust enforcement authority, resources, and personnel (this would include merger review) in the Justice Department. The FTC wouldn’t be eliminated but would be left to pursue its consumer-protection mandate under the FTC Act.

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