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15 U.S. Code § 56. Commencement, defense, intervention and supervision of litigation and appeal by Commission or Attorney General
(a) Procedure for exercise of authority to litigate or appeal
(1) Except as otherwise provided in paragraph (2) or (3), if—
(A)
before commencing, defending, or intervening in, any civil action involving this subchapter (including an action to collect a civil penalty) which the Commission, or the Attorney General on behalf of the Commission, is authorized to commence, defend, or intervene in, the Commission gives written notification and undertakes to consult with the Attorney General with respect to such action; and
(B)
the Attorney General fails within 45 days after receipt of such notification to commence, defend, or intervene in, such action;
the Commission may commence, defend, or intervene in, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose.
(2) Except as otherwise provided in paragraph (3), in any civil action—
(A)
under section 53 of this title (relating to injunctive relief);
(B)
under section 57b of this title (relating to consumer redress);
(C)
to obtain judicial review of a rule prescribed by the Commission, or a cease and desist order issued under section 45 of this title;
(D)
under the second paragraph of section 49 of this title (relating to enforcement of a subpena) and under the fourth paragraph of such section (relating to compliance with section 46 of this title); or
(E)
under section 57b–2a of this title;
the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, such action and any appeal of such action in its own name by any of its attorneys designated by it for such purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority and such exercise shall not preclude the Attorney General from intervening on behalf of the United States in such action and any appeal of such action as may be otherwise provided by law.