Rulemaking Authority of the US Federal Trade Commission / edited by Daniel A. Crane ; foreword by J. Howard Beales III, Timothy J. Muris

First printing, June 2022

Competition rulemaking : the case for boldness / Marina Lao -- Dead-end road : National Petroleum Refiners Association and FTC "unfair methods of competition" rulemaking / Maureen K. Ohlhausen and Ben Rossen -- The constitutional revolution that wasn't : why the FTC isn't a second national legislature / Berin Szóka and Corbin Barthold -- Policing anticompetitive practices and protecting the competitive process through adjudication vs. rulemaking / Henry C. Su -- Can the Federal Trade Commission use rulemaking to change antitrust law? / Richard J. Pierce, Jr. -- Legal constraints on FTC competition rulemaking / Alden F. Abbott -- Pushing the limits? A primer on FTC competition rulemaking / Maureen K. Ohlhausen and James F. Rill -- Regulatory rents : an agency-cost analysis of the FTC rulemaking initiative / Jonathan M. Barnett -- Case-by-case rules! Old statutes and new tech at the FTC / Neil Chilson -- Privacy rulemaking at the FTC / James C. Cooper -- What happens if the FTC becomes a serious rulemaker? / Aaron L. Nielson -- FTC independence after Seila Law / Daniel A. Crane.

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).