rulemaking – Our Curious Amalgam

Matthew Tabas, Partner, Arnold & Porter

#226 An Agency in Peril? The Implications of Axon, Louisiana Children’s Medical Center, and Other Challenges to the FTC’s Power

Posted 5 months ago Tagged administrative law Axon constitutionality FTC Louisiana Children's Medical Center nondelegation rulemaking

The current administration and leadership at the FTC, helmed by Chair Lina Khan, have been […]

Anna Aryankalayil, Partner, Orrick Herrington & Sutcliffe

#210 No-Nonsense or Nonstarter? The FTC’s Proposed Rule To Ban Non-Compete Clauses.

Posted 9 months ago Tagged FTC FTC Act Section 5 non-compete rulemaking UMC rulemaking unfair methods of competition

In January 2023, the FTC issued a Notice of Proposed Rulemaking that would ban virtually […]

Richard J. Pierce Jr., Lyle T. Alverson Professor of Law, The George Washington University Law School

#171 Can the Federal Trade Commission Use Rulemaking To Change Antitrust Laws? A Closer Look at the Administrative Law Challenges With Prof. Richard Pierce

Posted 1 year ago Tagged administrative ANPRM antitrust APA court FTC non-compete notice and comment NPRM policy predatory pricing Reform reverse payment right to repair rulemaking trade regulation

The U.S. Federal Trade Commission’s current leadership has a vision for changing various aspects of […]

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

#161 Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking

Posted 2 years ago Tagged administrative ANPRM APA FTC Magnusson-Moss notice and comment NPRM rulemaking trade regulation

For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case […]