Editor: Daniel A. Crane

Prólogo: Howard Beales III, Timothy J. Muris

Autores: Alden F. Abbott, Jonathan M. Barnett, Corbin Barthold, Neil Chilson, James C. Cooper, Daniel A. Crane, Marina Lao, Aaron L. Nielsen, Maureen K. Ohlhausen, Richard J. Pierce, Jr., James F. Rill, Ben Rossen, Baker Botts, Berin Szóka, Henry C. Su

This book analyses one of the major initiatives proposed within the movement for competition reform, rulemaking at the US Federal Trade Commission (FTC). The collection of essays draws on the experience of lawyers and academics, including practitioners with backgrounds at the FTC, to address the myriad questions raised by the prospect of notice-and-comment rulemaking to make major changes in antitrust law. Several chapters focus on unfair methods of competition (UMC) rules, both whether the FTC has this authority, and, if it does, whether and how that authority should be exercised. Others consider the choice between writing rules and case-by-case enforcement from different perspectives, while others yet evaluate the consequences for the FTC if it does become a rulemaking agency. An essential read for all interested in the future of competition law, enforcement and policy. Published in collaboration with the Computer Communications Industry Association (CCIA).



TABLE OF CONTENTS



Competition Rulemaking: The Case for Boldness
Marina Lao



Dead-End Road: National Petroleum Refiners Association and FTC
“Unfair Methods of Competition” Rulemaking
Maureen K. Ohlhausen and Ben Rossen



The Constitutional Revolution That Wasn’t: Why the FTC
Isn’t a Second National Legislature
Berin Szóka and Corbin Barthold



Policing Anticompetitive Practices and Protecting the Competitive
Process through Adjudication vs. Rulemaking
Henry C. Su



Can the Federal Trade Commission Use Rulemaking to Change
Antitrust Law?
Richard J. Pierce, Jr.



Legal Constraints on FTC Competition Rulemaking
Alden F. Abbott



Pushing the Limits? A Primer on FTC Competition Rulemaking
Maureen K. Ohlhausen and James F. Rill



Regulatory Rents: An Agency-Cost Analysis of the FTC Rulemaking
Initiative
Jonathan M. Barnett



Case-by-Case Rules! Old Statutes and New Tech at the FTC
Neil Chilson



Privacy Rulemaking at the FTC
James C. Cooper



What Happens if the FTC Becomes a Serious Rulemaker?
Aaron L. Nielson



FTC Independence after Seila Law
Daniel A. Crane