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FTC’s Rulemaking Authority: Update Following Recent Developments

The “FTC’s Rulemaking Authority: Update Following Recent Developments” webinar organised by Concurrences, in partnership with CCIA, with an opening speech by William E. Kovacic (Professor, The George Washington University School of Law), followed by a panel with Svetlana Gans (Partner, Gibson Dunn), John D. Graubert (Senior Counsel, Covington & Burling, Washington D.C.), Peter Swire (Holder Chair of Law and Ethics, Georgia Tech Scheller College of Business | Senior Counsel, Alston & Bird), and Amanda Wait (Head of Antitrust, Norton Rose Fulbright).

KEYWORDS

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SYNTHESIS

Keynote

William Kovacic stated the phenomenon of adaptation by competition agencies to new requirements and its importance for the development of a regulatory system is global in scope. In this context, the 1973 National Petroleum Refiners decision has passed its expiration date as a basis to guide future rulemaking. Moreover, a cynical and dubious interpretation of the 1914 FTC legislation is that it created the highest expectations for innovative and far-reaching policymaking but did not provide the means for the FTC to achieve them.

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