FTC Seeks Comment on Rulemaking Petition on Recusals

The FTC is seeking comment on a petition asking for more stringent requirements for FTC commissioner recusals and material conflicts of interest, says a notice for Thursday’s Federal Register. It could result in a higher likelihood of recusal for commissioners based on their backgrounds and prior work history. Industry groups sought the recusal of Chair Lina Khan in high-profile tech matters (see 2201110071). The FTC’s rule for commissioner disqualification should be amended to apply to enforcement proceedings and include specific procedures on time to respond to petitions, NetChoice, Americans for Prosperity, R Street Institute and several groups wrote the agency. The Hispanic Leadership Fund, the Innovation Economy Institute, the Institute for Policy Innovation, the James Madison Institute, the National Taxpayers Union and Young Voices signed. The rule should include review by the FTC ethics official and commissioners as well as “standards for determining recusal,” the petition says. Comments are due April 4.