Ex-FTC Officials Question Duality of Enforcement With DOJ

Different antitrust interpretations of the FTC and Sherman Acts create a “dangerous” enforcement divide between the FTC and DOJ, ex-FTC Chairman Tim Muris told a NetChoice panel Wednesday. Companies can expect different sets of rules based on agency, he said. Noting all chairs take over with their own agendas, ex-FTC acting Chief Technologist Neil Chilson, now a researcher at Stand Together, said Chair Lina Khan’s approach seems to be to “move fast and break things.” Khan has taken procedural measures, limited bipartisan potential and given herself more power, said Muris, noting Democrats made it easier for the agency to pursue rulemaking. It’s a move away from consensus antitrust enforcement, said ex-acting Chairman Maureen Ohlhausen, now at Baker Botts. This embracing of more rulemaking and regulation is a departure from the consumer welfare standard, said Ohlhausen: Some people feel antitrust has become too difficult to enforce, so this is a sidestep, creating questions about dual enforcement. The three panelists led the agency under Republican presidents. The agency didn't comment.