Analysis

Enforcer To Regulator? FTC Dems Eye Antitrust Rulemaking

Law360 (May 7, 2021, 2:43 PM EDT) -- Is the Federal Trade Commission a competition regulator? For years agency officials have answered no, saying the commission is an enforcer that lays down antitrust do's and don'ts primarily by going after mergers and conduct that harm competition, setting adjudicated precedent for companies to follow rather than agency-created rules.

For instance, in August, then-FTC Bureau of Competition chief Ian Conner emphasized that the commission "is a law enforcement agency and not a regulator," with a focus on preventing anti-competitive conduct by enforcing antitrust laws.

"In order [to] reach any conclusions about a particular company or industry sector, an antitrust enforcer has...

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