Deep Dive Episode 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

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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?

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Noah Phillips

Commissioner

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

Partner

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

NCTA


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