by Timothy J. Muris, University Foundation Professor of Law, George Mason University and former Chairman of the FTC
As the premier Antitrust scholar of his generation, Josh Wright’s appointment to the Federal Trade Commission promised to be noteworthy. He did not disappoint, having one of the most important and memorable tenures of any non-Chair over the 40 years that I have followed the agency closely.
In numerous speeches, dissents, and a variety of other statements on matters before the Commission, Josh articulated important messages for Antitrust. In particular, his call for evidence-based decisions has been a welcome reminder of that crucial element of sound policy. Moreover, he has continued to recognize that most arguments over the Chicago school are stale, reflecting 20th century battles long decided.
Finally, a few words about one area of disagreement, the section 5 statement that the Commission issued shortly before Commissioner Wright’s departure. Having witnessed firsthand the FTC’s overreaching in the 1970s, in both Antitrust and Consumer Protection, I have long thought that section 5 should be read coextensive with the Sherman and Clayton Acts. There is no need, especially with the maturity of the Antitrust Laws represented by the many 21st-century Supreme Court decisions, for separate, more expensive enforcement under section 5. Even here, however, Josh Wright’s numerous speeches and articles on the subject have demonstrated the continued relevance and importance of potential FTC overreaching.
I congratulate Commissioner Wright on his tenure, and look forward to decades to come of contributions on the issues facing the Antitrust and FTC communities.