In this issue:
Since the FTC is such a major part of the antitrust and consumer landscape, we couldn’t let their 100th birthday pass without a suitable acknowledgment—Happy Birthday! And we aren’t the only ones to have noticed—this February the House Energy and Commerce Committee, Subcommittee on Commerce, Manufacturing, and Trade held a Hearing entitled “The FTC at 100: Views From the Academic Experts.” The presentations included an intriguing range of views on both what the FTC has accomplished in the past and should be accomplishing in the future. So for this commemorative issue we asked the participants to expound a bit on their comments. It’s obvious the FTC is not only a vibrant agency, but has a lot to keep it busy during the next 100 years.
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Happy 100th Birthday to the FTC
The FTC at 100: The Need for Improvement in Advertising and Privacy Regulation
The FTC Act is about preserving consumer choice, not about substituting the preferences of the Commissioners for those of consumers. J. Howard Beales III (George Washington School of Business)
The Unrealized Congressional Vision for the FTC and Its Historic Performance as a Law Enforcement Agency
It is important to acknowledge that the Progressive Era vision for technocratic independence and a non-political character for the FTC is largely illusory. Daniel A. Crane (Univ. of Michigan)
Should Section 5 Guidelines Focus on Economic Efficiency or Consumer Choice?
If Section 5 of the FTC Act were interpreted to have a consumer choice focus this would have a number of advantages in addition to providing a sound, clear, and predictable basis for Section 5 antitrust guidelines. Robert H. Lande (University of Baltimore School of Law)
Bringing Antitrust’s Economic and Institutional Limits to the FTC’s Consumer Protection Authority
Instead of asserting what companies should do, the FTC should offer more guidance on what it thinks its legal authority means. Geoffrey A. Manne (International Center for Law & Economics)
The FTC as Guardian of Privacy and Data Security
The FTC has demonstrated that consumer protection and technological dynamism can prosperously coexist. Paul Ohm (University of Colorado Law School)
The FTC at 100: The Impact of Globalization and Technology
The challenges posed by both globalization and new technologies underscore the importance of adhering to consumer welfare as the guide to antitrust policy. Christopher S. Yoo (University of Pennsylvania Law School)
