GOP Pushes for Antitrust Authority Consolidation Under DOJ in New Legislation

On Tuesday, U.S. Representative Ben Cline, a Republican from Virginia, reintroduced the One Agency Act, a proposal that would transfer the Federal Trade Commission’s (FTC) antitrust powers to the U.S. Department of Justice (DOJ).

According to Reuters, Cline’s bill challenges a system that has been in place for more than a century, where the FTC and DOJ share jurisdiction in overseeing anticompetitive practices. This arrangement has historically allowed both agencies to independently investigate and regulate business mergers to protect consumers and ensure market fairness.

Cline’s legislation follows increasing Republican criticism of the FTC, particularly under the leadership of outgoing Chair Lina Khan. Her assertive stance on mergers and expansive interpretation of the agency’s authority have drawn opposition, especially from the business community, which argues that such regulatory approaches can stifle economic growth and competition.

The reintroduced bill aligns with broader conservative goals to limit government oversight. Cline, who met with Elon Musk and Vivek Ramaswamy—both part of Trump’s government efficiency initiative—suggested that consolidating antitrust authority under the DOJ would streamline operations.

Related: How Accounting Helps Hide Mergers from the FTC and DOJ

“Consolidating antitrust authority under the Department of Justice is an efficiency measure that is going to improve antitrust oversight,” Cline explained in an interview with Reuters on Tuesday.

The proposal comes as Republicans look for ways to implement Trump’s agenda of reducing government bureaucracy. Cline emphasized that merging the FTC’s Bureau of Competition and the DOJ’s antitrust division would increase the efficiency of federal oversight. The FTC’s Bureau of Competition, with around 700 employees and a budget of $213 million, would combine with the DOJ’s division, which employs roughly 900 people and has a budget of $225 million.

While the DOJ already holds sole jurisdiction over antitrust enforcement in certain industries, the responsibility is split between the two agencies for others. For instance, the FTC leads investigations into pharmaceutical and hospital sectors, while the DOJ focuses on broader healthcare-related mergers. When it comes to the tech sector, the two agencies divide responsibilities, with the FTC overseeing investigations involving companies like Microsoft and OpenAI, and the DOJ taking the lead on cases involving companies like Nvidia.

This restructuring proposal is part of a larger trend where Republicans aim to reduce regulatory overlap and enhance government efficiency. Whether the bill can gain traction in Congress remains to be seen, but Cline’s push signals a significant shift in the ongoing debate over federal antitrust enforcement.

Source: Reuters