For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case basis in administrative litigation, but now, FTC leadership seems to be shifting away from litigation to “legislative-style” rulemaking. What does that mean in practical terms? In this episode, co-hosts Jana Seidl and Alicia Downey speak with Adam White, a senior fellow at the American Enterprise Institute, and co-director of George Mason University’s Gray Center for the Study of the Administrative State, about what FTC rulemaking looks like and what we can expect. Listen to this episode to learn more about how FTC rulemaking started, how it evolved, recent changes to the process, and where the FTC may be headed with rulemaking.
Adam White, Senior Fellow at the American Enterprise Institute, and Co-Director of George Mason University’s Gray Center for the Study of the Administrative State
FTC – Statement of Regulatory Priorities (Dec. 10. 2021)
Executive Order on Promoting Competition in the American Economy (July 9, 2021)
FTC – A Brief Overview of the Federal Trade Commission’s Investigative, Law Enforcement, and Rulemaking Authority (May 2021)
Jana Seidl, Baker Botts LLP and Alicia Downey, Downey Law LLC