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?

Subscribe to the Fourth Branch Podcast on Apple PodcastsSpotifyGoogle Play, and Spreaker.

Noah Phillips


Federal Trade Commission

James C. Cooper

Associate Professor of Law and Director, Program on Economics & Privacy

Antonin Scalia Law School, George Mason University

William MacLeod


Kelly, Drye & Warren LLP

Joshua D. Wright

Executive Director

Global Antitrust Institute, Antonin Scalia Law School, George Mason University

Svetlana Gans

Vice President & Associate General Counsel


Sign up now to receive early access to RTP content and exclusive materials available ONLY to our subscribers.