FTC Rulemaking: Untapped Power or Cautionary Tale?

The FTC wields immense regulatory powers, including the power to prohibit “unfair and deceptive acts and practices” and “unfair methods of competition.” Yet the FTC, unlike other agencies, has long administered these powers not through sweeping rulemakings, but through case-specific enforcement actions.

Until now, that is. The FTC’s new leadership, appointed by President Biden, has announced a plan to dust off its rulemaking authority on both the consumer protection and competition sides. This would be a sharp break from the agency’s history, and it also raises serious legal and policy issues, including the proper scope of such rules, the impact of recent reforms to the FTC’s rulemaking procedures, and whether the FTC even has lawful power to issue competition rules.

Join us on Monday, April 25, 2022 for a lively debate of these important topics with leading experts, including a fireside chat with FTC Commissioner Noah Phillips.