Deep Dive 120 – 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?<br /><br />Opening Remarks:<br />- Noah Phillips, Commissioner, Federal Trade Commission<br /><br />Panel Featuring:<br />- James Cooper, Associate Professor of Law and Director, Program on Economics &amp; Privacy, Antonin Scalia Law School, George Mason University<br />- William MacLeod, Partner, Kelly, Drye &amp; Warren LLP<br />- Joshua Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law School, George Mason University<br />- [Moderator] Svetlana Gans, Vice President &amp; Associate General Counsel, NCTA<br />- [Introduction] Nathan Kaczmarek, Director, Article I Initiative | Director, Regulatory Transparency Project<br /><br />Visit our website – <a href="http://www.RegProject.org" rel="noopener">www.RegProject.org</a> – to learn more, view all of our content, and connect with us on social media.<br /><br />As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.