FTC Creates Group Tasked to 'Streamline' Rulemaking

The FTC created a rulemaking group within the General Counsel’s Office with the goal of strengthening existing rules and creating “new rulemakings to prohibit unfair or deceptive practices and unfair methods of competition,” acting Chair Rebecca Kelly Slaughter announced Thursday. Rulemaking is “a critical part of the FTC’s toolbox to stop widespread consumer harm and to promote robust competition,” especially given threats to the agency’s FTC Act section 13(b) authority (see 2102040049), the agency said. The FTC’s “rulemaking power under section 18 has gotten a bad reputation for being too hard to use, but longstanding FTC rules, such as the Funeral Rule and the Eyeglass Rule, have provided significant benefits to consumers,” Slaughter said. The agency should “activate its unfair methods of competition rulemaking authority” due to the concentrated economy, she added. The commission wouldn't disclose now the names of those who comprise this group. The panel “will streamline rulemaking at the FTC, resulting in rules that are faster, more efficient, and more effectively address anticompetitive conduct than antitrust litigation alone,” said Public Knowledge Competition Policy Director Charlotte Slaiman, saying it's "a much-needed change.” Consumer Reports thinks this “sends a clear message that the FTC is going to prioritize rulemaking going forward, which we hope will lead to stronger consumer protections and greater corporate accountability,” said Senior Researcher-Technology Competition Sumit Sharma.