In a recent National Law Journal article, Boies Schiller Flexner partners James Keyte and Jesse Panuccio weighed in on the proposed One Agency Act, a legislative effort to consolidate federal antitrust enforcement under the U.S. Department of Justice.
James noted it would be “quite an uphill battle” for the One Agency Act to pass Congress. “There’s going to be extremely loud views in favor of an independent FTC that can chart its own path under its own authority and rules.”
Jesse, a former third-ranking official at the U.S. Department of Justice, agreed it would be difficult for federal lawmakers to abolish FTC’s independent antitrust enforcement authority but noted, “One of the pros is bringing all the [federal antitrust] expertise under one roof so regulated parties only have to go to one place. Of course there would be efficiencies … bringing all of that into one shop.”