H.R. 10879

Workers’ Right to Compete Act

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Sec. 5. Enforcement

(a) Federal Trade Commission

(1) Unfair or deceptive acts or practices. A violation of section 3 or 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).

(2) Powers of commission

(A) In general. The Federal Trade Commission shall enforce section 3 and 4 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.

(B) Privileges and immunities. Any person who violates section 3 or 4 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(C) Authority preserved. Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

(b) Enforcement by States

(1) In general. In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates any provision of section 3 or 4, the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to—

(A) enjoin any further such violation by the person;

(B) compel compliance with section 3 or 4;

(C) obtain a permanent, temporary, or preliminary injunction;

(D) obtain damages, restitution, or other compensation on behalf of the residents of the State; or

(E) obtain any other appropriate equitable relief.

(2) Preservation of State powers. Nothing in this subsection shall be construed as altering, limiting, or affecting the authority of the attorney general of a State to—

(A) bring an action or other regulatory proceeding arising solely under the laws in effect in that State; or

(B) exercise the powers conferred on the attorney general by the laws of the State, including the ability to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary or other evidence.