Rulemaking battleground: The Tipline for 28 April 2021

Federal Trade Commission member Christine Wilson has flagged concerns about the legality and wisdom of rulemaking in the competition arena, suggesting that Congress “never meant to grant the FTC substantive competition rulemaking power”. During a keynote speech yesterday, the Republican commissioner argued that proposed competition rules would ban specific practices across the economy. “This approach is not compatible with current antitrust law in which we adopt a very fact-specific analysis that evolves with economic learning,” she said.