The FTC has been making moves to usurp the powers of Congress by creating its own rules and the function of the courts by serving as the enforcer of its own rules. The FTC has been moving further and further away from the consumer welfare standard, and these changes have significant consequences for all industries […]
Following its 2021 withdrawal of 2015 Obama-era guidance on ‘unfair methods of competition,’ late last year, the FTC issued new enforcement principles under Section 5. The FTC has now claimed the authority to issue rules based on conduct it deems an unfair method of competition. Experts have raised concerns over its legal overreach and harm […]
In October and November, Competition Policy International (CPI) and CCIA held a four-part series on Challenges to Antitrust in a Changing Economy. The events featured panels of lawyers, journalists, Hill staffers, and professors discussing the shifting landscape around antitrust policy. Notable panelists included Former Assistant Attorney General Barry Nigro, former General Counsel at FTC Alden […]
Last week, the FTC unilaterally attempted to expand its authority and conduct it considers illegal by changing its definition of what constitutes “unfair methods of competition” (UMC) under Section 5 of the FTC Act. According to reporting by Law360, the new policy “replaces an Obama-era version that put guardrails on the FTC’s power[.]” What does […]
Given this week’s Fifteenth Annual Federal Trade Commission Microeconomics Conference, it is important to remember that the FTC’s work covers a range of sectors in the economy. The agency has signaled intent to expand its power and move its focus away from the consumer welfare standard, as Springboard has previously noted. Here is what you […]
Last week, the chair of the FTC testified at an oversight hearing before the Senate Judiciary’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights. Notably, the FTC’s written testimony submitted in advance was not bipartisan. FTC Commissioners Noah Joshua Phillips and Christine S. Wilson submitted dissenting testimony stating the other Commissioners’ decision to decline to […]
Antitrust experts have expressed concerns that the FTC has been taking steps that would unilaterally boost its power and potentially allow for more politically motivated enforcement. Perhaps U.S. Chamber’s Sean Heather put it best when he said that “[b]y mixing antitrust and legislative rulemaking, you wind up with the worst of both worlds.” Here are […]
Over the past year, the FTC has engaged in radical policy shifts and unprecedented overreach. As Springboard has previously highlighted, the agency has feigned transparency while taking sweeping steps to expand its own authority, increasing uncertainty among businesses and stepping into a lane usually reserved for Congress. Here’s a recap of what you need to […]
We’ve recently highlighted how the FTC has been overstepping its authority and putting ideology ahead of consumers and business. Following another short-notice “open” meeting, the FTC continues to demonstrate that its disregard for appropriate rulemaking and public notice is unlikely to stop anytime soon. Here’s what you need to know: — The FTC is not a […]
Earlier this month, the FTC quietly—without a press release that is customary for requests for comment—put a sudden September 3 deadline for comments on a years-old Open Markets Institute petition for rulemaking to outlaw exclusionary contracts. This effort represents yet another attempt by the agency to expand its own power and interfere with freedom of […]
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