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Assistant Director, Bureau of Competition - Mergers I, III, & IV
Summary
Located in the Bureau of Competition, Federal Trade Commission, this vacancy is for THREE (3) positions. Mergers I: pharmaceuticals, medical devices, consumer health products, defense, scientific, industrial, technology, consumer products. Mergers III: all stages of the oil and gas supply chain; technology platforms, data services, title insurance; consumer goods. Mergers IV: hospitals, consumer goods, supermarkets, retail, multichannel video programming distribution, media.
This job is open to
The public
Senior executives
Clarification from the agency
Applications will be accepted from all groups of qualified individuals.
Duties
These duties encompasses the Assistant Director (AD) for each of the Bureau's three (3) Merger Enforcement Divisions listed below. The major responsibilities of each ADs are identical; however, each division is specifically responsible for antitrust investigations and challenges of mergers and acquisitions in the following assigned industries:
- Mergers I: pharmaceuticals, medical devices, consumer health products, defense, scientific, industrial, technology, and consumer products.
- Mergers III: all stages of the oil and gas supply chain (e.g., exploration and production, processing, refining and bulk supply, pipelines, terminals, and wholesale and retail sales); technology platforms and data services, especially those adjacent to the hospitality and real estate sectors; title insurance; and consumer goods, such as razors.
- Mergers IV: hospitals, consumer goods, supermarkets, retail, multichannel video programming distribution, and media.
Each AD participates in Bureau management by overseeing a law enforcement division that is responsible for the enforcement of Sections 2, 3, 7, and 8 of the Clayton Act and Section 5 of the Federal Trade Commission Act, including antitrust investigations and, where appropriate, challenges of mergers and acquisitions. The incumbent is key to fulfilling the agency's competition mission with respect to the assigned industries, and the position carries high visibility. The position encompasses responsibilities that extend beyond the identification and prosecution of antitrust violations, including analysis and advice that may influence the efforts of legislation and regulation, the Bureau's policies, and the Commission's long-range strategic goals and objectives.
The AD is a key member of the Bureau's senior management team and devises and implements program and policy decisions in furtherance of the FTC's competition mission. The incumbent exercises wide discretion in directing investigative and litigation proceedings to enforce the statutory provisions discussed above; reviews policy recommendations that affect the Division's and Bureau's longer-term strategies; considers political, social, economic, technical, and administrative factors that potentially impact recommended policies; and formally recommends action to the Bureau Director and other approving officials. The AD serves as the primary link between the Division, other Bureau leaders, and FTC commissioners, and maintains contact with a wide range of public, private, and international groups with diverse interests in competition matters.
The AD provides counsel and guidance for staff members on policy questions and matters of legal strategy. The AD reviews and refines legal documents prepared by the staff (e.g., proposed complaints, recommendations that cases be closed, trial briefs, motions, proposed findings, and orders) for consistency with agency policy, soundness of judgment, and legal sufficiency, and oversees the prosecution of complaints before the federal district courts or the Commission's Administrative Law Judges. The work performed under the incumbent's supervision involves coordinating complex and difficult antitrust investigations and proceedings. In addition, the incumbent has frequent conferences with parties and third parties to proceedings, as well as their counsel; the questions raised in these meetings are often controversial in nature, requiring the exercise of a high degree of tact, persuasiveness, and legal skill on the part of the incumbent.
The AD also performs or supervises other functions that may be delegated considering the Bureau's overall workload requirements. Occasionally, the incumbent is summoned to appear before the Commission, congressional committees, industry regulators, industry representatives, and various forums to discuss the Division's work, emerging trends in competition law, emerging problems of law violations, proposed legislation and regulation, and related matters. The incumbent may represent the FTC or the Bureau in proceedings before government agencies or give speeches or other briefings to various groups.
The AD professionally and administratively directs, oversees, supervises, coordinates, and reviews (through subordinate supervisors) the work of approximately 25-35 attorneys and legal support staff who review Hart-Scott-Rodino filings and monitor markets to identify transactions that might violate the antitrust statutes; conduct investigations to determine whether such transactions warrant investigation; and formulate plans and legal theories to pursue these investigations and subsequent enforcement actions. The incumbent assesses policy, program, and case feasibility; determines goals and objectives; and develops plans to achieve goals and objectives. The incumbent identifies, diagnoses, and consults on problem areas related to assignments and goal achievement and makes decisions on alternative courses of action.
Requirements
Conditions of employment
- You must be a U.S. citizen or National.
- You must possess a J.D. or LL.B. degree from an accredited law school.
- Background investigation (Public Trust) is required.
- You are subject to serve a one-year probationary period unless you have previously completed the probationary period in the Senior Executive Service (SES).
- The individual selected will be required to file an Executive Branch Personnel Financial Disclosure Report (OGE Form 278) within 30 days of appointment and annually from then on.
- Complete a Declaration for Federal Employment to determine your suitability for Federal employment, at the time requested by the agency
- If you are a male applicant born after December 31, 1959, certify that you have registered with the Selective Service System or are exempt from having to do so.
- You may be required to obtain and maintain an interim and/or final security clearance prior to entrance on duty. Failure to obtain and maintain the required level of clearance may result in the withdrawal of a job offer or removal.
Qualifications
QUALIFICATIONS:
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution. Candidates will not be hired based on their race, sex, color, religion, or national origin.
To meet the minimum qualification requirements for this position, you must show that you possess the Executive Core Qualifications (ECQs) and Mandatory Technical Qualifications (MTQs) related to this position within your resume - NOT TO EXCEED 2 PAGES. Resumes over the 2-page limit, will not be reviewed beyond page 2 or may be disqualified. Your resume should include examples of experience, education, and accomplishments applicable to the qualification(s). If your resume does not reflect demonstrated evidence of these qualifications, you may not receive consideration for the position.
There is NO requirement to prepare a narrative statement specifically addressing the Executive Core Qualifications ECQs or the Mandatory Technical Qualifications MTQs.
MANDATORY TECHNICAL QUALIFICATIONS (MTQs): Your resume should demonstrate accomplishments that would satisfy the technical qualifications.
MTQ 1: Knowledge and experience in legal areas relevant to the Commission's work, including antitrust law, competition analysis of mergers and acquisitions, and federal court litigation. Thorough understanding of the Hart-Scott-Rodino Act, as well as how it affects the agency's operations. Ability to analyze economic evidence surrounding antitrust, merger, and competition matters.
MTQ 2: Experience in the management of complex legal issues. Experience includes analyzing complex legal issues and questions of litigation strategy, reviewing pleadings, briefs, and legal memoranda, and providing oral and written legal advice and recommendations. Experience in supervising and reviewing the work product of attorneys and other staff in a legal office with a focus on achieving high-quality organizational results.
EXECUTIVE CORE QUALIFICATIONS (ECQs): In addition to the Technical Qualification Requirements listed above, all new entrants into the Senior Executive Service (SES) under a career appointment will be assessed for executive competency against the following five mandatory ECQs. If your 2-page resume does not reflect demonstrated evidence of the ECQs and TQs, you may not receive further consideration for the position.
ECQ 1: Commitment to the Rule of Law and the Principles of the American Founding - This core qualification requires a demonstrated knowledge of the American system of government, commitment to uphold the Constitution and the rule of law, and commitment to serve the American people.
ECQ 3: Merit and Competence - This core qualification involves the demonstrated
knowledge, ability and technical competence to effectively and reliably produce work that is of exceptional quality.
ECQ 4: Leading People - This core qualification involves the demonstrated ability to lead and inspire a group toward meeting the organization's vision, mission, and goals, and to drive a high-performance, high-accountability culture. This includes, when necessary, the ability to lead people through change and to hold individuals accountable.
ECQ 5: Achieving Results - This core qualification involves the demonstrated ability to achieve both individual and organizational results, and to align results to stated goals from superiors.
Note: If you are a member of the SES or have been certified through successful participation in an OPM approved SES Candidate Development Program (SESCDP), or have SES reinstatement eligibility, you do not need to respond to the ECQs. Instead, you should attach proof (e.g., SF-50, Certification by OPM's SES Qualifications Review Board (QRB)) of your eligibility for noncompetitive appointment to the SES.
Education
Professional/Educational Credentials: This position requires comprehensive, professional knowledge of federal antitrust and consumer protection laws and regulations; specifically, sections 2, 3, 7, and 8 of the Clayton Act and Section 5 of the Federal Trade Commission Act. Graduation from an accredited law school and current possession of a bar membership, which permits the practice of law in the United States, are required.
In order to qualify, you must meet the basic educational requirements:
A. Law degree (J.D. or LL.B) from a law school accredited by the American Bar Association
AND
B. Bar Membership: Be an active member in good standing of a State, the District of Columbia, the Commonwealth of a territory of the United States.
IMPORTANT: Applicants are responsible for citing J.D. and bar membership information (institution name, state(s) for bar, and dates) on their respective resumes. Applicants who possess an equivalent degree rather than a J.D. may be subject to additional review.
A college or university degree generally must be from an accredited (or pre-accredited) college or university recognized by the U.S. Department of Education. For a list of schools which meet these criteria, please refer to Department of Education Accreditation page.
Foreign Education: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. If you are qualifying based on foreign education, you must submit proof of creditability of education as evaluated by a credentialing agency. For further information, visit: Recognition of Foreign Qualifications | International Affairs Office (ed.gov)
Additional information
1. The agency may reimburse relocation expenses.
2. Mobility: Organizational and geographical mobility is essential in developing and managing SES leaders. Individuals selected for SES positions members may be subject to reassignment across geographical, organizational, and functional lines, and may be required to sign a Reassignment Rights and Obligation Agreement.
3. If we select you for an initial career appointment to an SES position, the OPM QRB must approve your ECQs prior to appointment. A selection is tentative until we obtain a QRB certification.
4. You must complete a Declaration for Federal Employment before we can hire you in order to certify the accuracy of your written application and provide the information necessary to determine your suitability for federal employment.
5. If you are a male applicant born after December 31, 1959 and we select you for this position, you must certify prior to appointment that you registered for the military selective service.
6. If we select you for this position, you must complete personnel suitability documents. Your appointment is contingent upon the successful completion of an appropriate background investigation.
7. Veterans' preference does not apply to SES positions.
8. The FTC provides reasonable accommodations, where appropriate, to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the FTC. The agency considers requests for reasonable accommodation on a case-by-case basis. Questions about the FTC's accommodation policy can be directed to Lesley Nesmith at lnesmith@ftc.gov.
9. The Ethics in Government Act, PL 95-521, requires the applicant selected for this position to submit a financial disclosure statement, SF-278, prior to assuming the SES position, annually while employed, and upon termination of employment. You may also be subject to post employment restrictions.
10. Your application includes information subject to the Privacy Act (P.L. 93-579, 5 U.S.C. 552a). This information is necessary to determine qualifications for employment, and collection is authorized under Title 5 of the U.S. Code, 3302 and 3361.
11. We will not accept applications received in government postage-paid envelopes.
12. An initial SES Career appointment becomes final only after the individual successfully completed a 1-year probationary period.
13. OPM must authorize any employment offers made to current or former (within the last 5 years) political Schedule A, Schedule C, or Non-career SES employees in the executive branch. If you are currently, or have been within the last 5 years, a political Schedule A, Schedule C, or Noncareer SES employee in the executive branch, you must disclose that to the Human Resources Office.
14. Equal Employment Opportunity (EEO) Policy Statement: http://www.eeoc.gov/federal/index.cfm
15. Employment Information Resources - Resource Center: https://help.usajobs.gov/how-to
16. Males born after 12-31-1959 must be registered or exempt from Selective Service (see https://www.sss.gov/RegVer/wfRegistration.aspx)
Candidates should be committed to improving the efficiency of the Federal government, passionate about the ideals of our American republic, and committed to upholding the rule of law and the United States Constitution.
Benefits
A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new windowLearn more about federal benefits.
Review our benefits
Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.
How you will be evaluated
You will be evaluated for this job based on how well you meet the qualifications above.
You will be assessed for this position based on how effectively your background and experience align with the qualifications outlined above.
This position is being filled through the revised Resume-Based SES Hiring Method - a streamlined approach that simplifies the application process.
Once the application process is complete, a review of your resume and supporting documentation will be conducted. If you meet minimum qualifications, your Application Package will be further reviewed to determine if you possess the ECQs and MTQs listed below. ECQs and MTQs must be thoroughly addressed within your two (2) page resume. Separate narratives will not be accepted or reviewed and will automatically disqualify the applicant. Highly Qualified applicants may undergo one or more interviews and may be referred to the selecting official for further consideration.
Note: If the resume received by an applicant is longer than two pages, the applicant is automatically ineligible for further consideration.
Upon selection, if not already a member of the SES serving under a career appointment, the individual selected must have his/her executive qualifications certified by the U.S. Office of Personnel Management's SES Qualifications Review Board (QRB) before appointment to this position. The selected individual's application will be forwarded to the OPM for review and certification by the QRB, unless the selectee provides evidence of their noncompetitive status (i.e., a current SES, OPM QRB certified SESCDP graduate, or SES reinstatement eligible). Upon QRB certification, the selected individual will be required to serve a one-year probationary period. For more information regarding the SES, go to https://www.opm.gov/policy-data-oversight/senior-executive-service/.
Required Documents
*DO NOT SUBMIT ANY ADDITIONAL INFORMATION* Extraneous materials such as a cover letter, letters of recommendation, award certificates, etc., will be discarded and not considered.
1. RESUME - All applicants are required to submit a resume limited to two (2) pages (i.e., 1 page that is double-sided or 2 pages that are one-sided each) showing all relevant experience. Applicants seeking initial career appointment to the Senior Executive Service (SES) must include evidence of the ECQs and MTQs. If the resume received by an applicant is longer than two pages, the applicant is automatically ineligible for further consideration. PLEASE DO NOT USE USAJOBS RESUME BUILDER.
PLEASE INDICATE ON YOUR RESUME WHICH POSITION YOU ARE APPLYING FOR:
- MERGERS I
- MERGERS III
- MERGERS IV
- COMBINATION
- ALL
- VACANCY ANNOUNCEMENT NUMBER: EXEC-20260312-24901-BC-SDL
2. USAJOBS QUESTION/ASSESSMENT QUESTIONNAIRE RESPONSES: Responses are automatically submitted through USA Jobs when you apply to this vacancy.
3. ADDITIONAL REQUIRED DOCUMENTS: Applicants are required to submit the following supporting documentation if applicable:
- CURRENT OR FORMER SES MEBERS: Must provide your SES appointment SF-50 (Notification of Personnel Action), and an SF-50 showing current career SES status or career SES reinstatement eligibility.
- SES CANDIDATE DEVELOPMENT PROGRAM (SESCDP) GRADUATES: Verification of successful completion of an OPM-approved SESCDP and OPM SES QRB certification.
- CURRENT FEDERAL CIVIL SERVICE EMPLOYEE: Must provide a copy of your Notification of Personnel Action, Standard Form 50 (SF-50), or equivalent personnel action form reflecting you are a current Federal Civil Service employee.
STRONGLY RECOMMENDED: Applicants are encouraged to include their most recent performance evaluation.
NOTE: Current or Former Political Appointees: OPM must authorize any employment offers made to individuals who are currently serving in or have previously served in political positions within the last 5 years. These positions include Presidential appointees with or without Senate confirmation, Schedule A or Schedule C political appointees, appointees serving in a political capacity under an agency-specific authority, and Noncareer SES employees in the Executive Branch. If you are currently a political appointee or have been within the last 5 years, please indicate this in your resume. Serving in a political position WILL NOT eliminate you from consideration.
Veterans' preference: Is not applicable to positions in the Senior Executive Service.
REMINDER: Before uploading your required documents, please ensure they are in PDF format and DO NOT EXCEED the noted page limits.
If you are relying on your education to meet qualification requirements:
Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education.
Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.
How to Apply
To apply for this position, you must complete this application and submit any required documents specified in the Required Documents section and submit by 11:59 PM (EST) on the closing date of the announcement to receive consideration.
To begin, click Apply to access the online application. You will need to be logged into your USAJOBS account to apply. If you do not have a USAJOBS account, you will need to create one before beginning the application.
Follow the prompts to select and upload your résumé and/or other required documents to be included with your application package. You will have the opportunity to upload additional documents to include in your application before it is submitted. Your uploaded documents may take several hours to clear the virus scan process.
After acknowledging you have reviewed your application package, complete the "Include Personal Information" section as you deem appropriate and click to continue with the application process.
You will be taken to the online application which you must complete in order to apply for the position. Complete the online application, verify the required documentation is included with your application package, and submit the application.
It is applicant's responsibility to verify that information entered and uploaded, (i.e., resume and other required documents) is complete, accurate, and submitted by the closing date. Human Resources will not modify or change any part of your application.
Application packages will NOT be accepted via mail. Due to security processes, mail delivery takes approximately 2-3 weeks to process at which time the vacancy announcement will be closed, and no further consideration will be given to additional application packages.
Agency contact information
600 Pennsylvania Ave, NW
Suite H-723
Washington, DC 20580
US
Next steps
To verify the status of your application, sign in to your USAJOBS account (https://www.usajobs.gov/), all of your applications will appear on the Welcome screen. The Application Status will appear along with the date your application was last updated. For information on what each Application Status means, visit: https://help.usajobs.gov/how-to.
Once your online application is submitted you will receive a confirmation notification by email. Your application will be evaluated by the Human Resources Office to determine your eligibility for the position. After the evaluation is complete, you will receive another notification regarding the status of your application.
There are three key documents that contain important information about your rights and obligations. Please read and retain these documents:
- Noncriminal Justice Applicant's Privacy Rights, for those who undergo an FBI fingerprint-based criminal history record check for personnel vetting, which includes Rap Back,
- FD-258 Privacy Act Statement - FBI (this is the same statement used when your fingerprints are submitted as part of your background investigation), and
- SEAD-3-Reporting-U.pdf (dni.gov), (applicable to those who hold a sensitive position or have eligibility for access to classified information)
Overview
- 0905 Attorney
- Suitability/Fitness
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