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?

Opening Remarks:
- Noah Phillips, Commissioner, Federal Trade Commission

Panel Featuring:
- James 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 Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law School, George Mason University
- [Moderator] Svetlana Gans, Vice President & Associate General Counsel, NCTA
- [Introduction] Nathan Kaczmarek, Director, Article I Initiative | Director, Regulatory Transparency Project

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.