This book analyses one of the major initiatives proposed within the movement for competition reform, rulemaking at the US Federal Trade Commission (FTC). The collection of essays draws on the experience of lawyers and academics, including practitioners with backgrounds at the FTC, to address the myriad questions raised by the prospect of notice-and-comment rulemaking to make major changes in antitrust law. Several chapters focus on unfair methods of competition (UMC) rules, both whether the FTC has this authority, and, if it does, whether and how that authority should be exercised. Others consider the choice between writing rules and case-by-case enforcement from different perspectives, while others yet evaluate the consequences for the FTC if it does become a rulemaking agency. An essential read for all interested in the future of competition law, enforcement and policy. Published in collaboration with the Computer Communications Industry Association (CCIA).
With contributions from: Alden F. Abbott , Jonathan M. Barnett, Corbin Barthold, Neil Chilson, James C. Cooper, Daniel A. Crane, Marina Lao, Aaron L. Nielsen, Maureen K. Ohlhausen, Richard J. Pierce, Jr., James F. Rill, Ben Rossen, Berin Szóka, and Henry Su.
This book was presented at the "Rulemaking Authority of the US Federal Trade Commission" Conference on 27 June, 2022 in Washington, D.C.