Deep Dive 120 – FTC Rulemaking: Underutilized Tool or National Nanny Renewed?

This expert panel examined recent calls for the Federal Trade Commission (FTC) to engage in substantive rulemaking under the competition and consumer-protection prongs of Section 5 of the FTC Act. How far does FTC statutory authority under 6(g) extend? Is rulemaking appropriate as a matter of policy? How has FTC rulemaking fared in the past and what guideposts should apply?Opening Remarks:- Noah Phillips, Commissioner, Federal Trade CommissionPanel Featuring:- James Cooper, Associate Professor of Law and Director, Program on Economics & Privacy, Antonin Scalia Law School, George Mason University- William MacLeod, Partner, Kelly, Drye & Warren LLP- Joshua Wright, Executive Director, Global Antitrust Institute, Antonin Scalia Law School, George Mason University- [Moderator] Svetlana Gans, Vice President & Associate General Counsel, NCTA- [Introduction] Nathan Kaczmarek, Director, Article I Initiative | Director, Regulatory Transparency ProjectVisit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.