FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

This expert panel examined 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?

FTC Commissioner Noah Phillips gave honorary introductory remarks.

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


Antitrust & Consumer Protection

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