Deep Dive Episode 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?
Listen to the Podcast
This expert panel examines recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply?
Federal Trade Commission
Associate Professor of Law and Director, Program on Economics & Privacy
Antonin Scalia Law School, George Mason University
Kelly, Drye & Warren LLP
Global Antitrust Institute, Antonin Scalia Law School, George Mason University
Vice President & Associate General Counsel