Showing archive for: “FTC Act”
Welcome to the TOTM Symposium on FTC UMC Rulemaking
There is widespread interest in the potential tools that the Biden administration’s Federal Trade Commission (FTC) may use to address a range of competition-related and competition-adjacent concerns. A focal point for this interest is the potential that the FTC may use its broad authority to regulate unfair methods of competition (UMC) under Section 5 of ... Welcome to the TOTM Symposium on FTC UMC Rulemaking
Call for Submissions on FTC UMC Rulemaking Authority
The Limits of FTC UMC Rulemaking Symposium There is widespread interest in the potential tools that the Biden administration FTC may use to address a range of competition-related and competition-adjacent concerns. Among other issues, there have been indications that the FTC may use its broad UMC authority under Section 5 of the FTC Act to ... Call for Submissions on FTC UMC Rulemaking Authority
The Internationalization of Due Process, Federal Antitrust Enforcement, and the Rule of Law
The acceptance and implementation of due-process standards confer a variety of welfare benefits on society. As Christopher Yoo, Thomas Fetzer, Shan Jiang, and Yong Huang explain, strong procedural due-process protections promote: (1) compliance with basic norms of impartiality; (2) greater accuracy of decisions; (3) stronger economic growth; (4) increased respect for government; (5) better compliance ... The Internationalization of Due Process, Federal Antitrust Enforcement, and the Rule of Law
FTC Statement of Regulatory Priorities: Storm Clouds Are Looming
The Federal Trade Commission (FTC) appears committed—at least, for the moment—to a path of regulatory overreach. The commission’s Dec. 10 Statement of Regulatory Priorities (SRP) offers, in addition to a periodic review of existing rules and the status of proposed rules in the pipeline, a sneak preview of new “unfair methods of competition” (UMC) and ... FTC Statement of Regulatory Priorities: Storm Clouds Are Looming
Broad-Based FTC Data-Privacy and Security Rulemaking Would Flunk a Cost-Benefit Test
A debate has broken out among the four sitting members of the Federal Trade Commission (FTC) in connection with the recently submitted FTC Report to Congress on Privacy and Security. Chair Lina Khan argues that the commission “must explore using its rulemaking tools to codify baseline protections,” while Commissioner Rebecca Kelly Slaughter has urged the ... Broad-Based FTC Data-Privacy and Security Rulemaking Would Flunk a Cost-Benefit Test
Khan’s ‘Vision and Priorities for the FTC’ Statement Lacks Humility and Strategic Insight
Federal Trade Commission (FTC) Chair Lina Khan’s Sept. 22 memorandum to FTC commissioners and staff—entitled “Vision and Priorities for the FTC” (VP Memo)—offers valuable insights into the chair’s strategy and policy agenda for the commission. Unfortunately, it lacks an appreciation for the limits of antitrust and consumer-protection law; it also would have benefited from greater ... Khan’s ‘Vision and Priorities for the FTC’ Statement Lacks Humility and Strategic Insight
FTC Antitrust Enforcement and the Rule of Law
The language of the federal antitrust laws is extremely general. Over more than a century, the federal courts have applied common-law techniques to construe this general language to provide guidance to the private sector as to what does or does not run afoul of the law. The interpretive process has been fraught with some uncertainty, ... FTC Antitrust Enforcement and the Rule of Law
Congress Should Not Grant the FTC Untrammeled Authority to Obtain Monetary Relief
The U.S. House this week passed H.R. 2668, the Consumer Protection and Recovery Act (CPRA), which authorizes the Federal Trade Commission (FTC) to seek monetary relief in federal courts for injunctions brought under Section 13(b) of the Federal Trade Commission Act. Potential relief under the CPRA is comprehensive. It includes “restitution for losses, rescission or ... Congress Should Not Grant the FTC Untrammeled Authority to Obtain Monetary Relief
FTC Competition Rulemaking Flunks a Cost-Benefit Test
There is little doubt that Federal Trade Commission (FTC) unfair methods of competition rulemaking proceedings are in the offing. Newly named FTC Chair Lina Khan and Commissioner Rohit Chopra both have extolled the benefits of competition rulemaking in a major law review article. What’s more, in May, Commissioner Rebecca Slaughter (during her stint as acting ... FTC Competition Rulemaking Flunks a Cost-Benefit Test
The Future of FTC Equitable Monetary Relief after AMG Capital Management
The U.S. Supreme Court’s just-published unanimous decision in AMG Capital Management LLC v. FTC—holding that Section 13(b) of the Federal Trade Commission Act does not authorize the commission to obtain court-ordered equitable monetary relief (such as restitution or disgorgement)—is not surprising. Moreover, by dissipating the cloud of litigation uncertainty that has surrounded the FTC’s recent ... The Future of FTC Equitable Monetary Relief after AMG Capital Management
The Negative Externalities of Protecting Privacy
The public policy community’s infatuation with digital privacy has grown by leaps and bounds since the enactment of GDPR and the CCPA, but COVID-19 may leave the most enduring mark on the actual direction that privacy policy takes. As the pandemic and associated lockdowns first began, there were interesting discussions cropping up about the inevitable ... The Negative Externalities of Protecting Privacy
Privacy in the Time of Covid-19
I type these words while subject to a stay-at-home order issued by West Virginia Governor James C. Justice II. “To preserve public health and safety, and to ensure the healthcare system in West Virginia is capable of serving all citizens in need,” I am permitted to leave my home only for a limited and precisely ... Privacy in the Time of Covid-19
