Op-Eds
Baseless Federal Investigations Would Stifle America’s Pioneering AI Industry
The Biden administration is going beyond antitrust enforcement in AI and is instead trying to predict the future of the industry itself. Reports indicate…
Timeline: Federal Trade Commission Unhinged
Blog
Three years of Chair Lina Khan’s unhinged FTC
Lina Khan’s appointment to the Federal Trade Commission (FTC) was meant to bring about significant change and a new direction for the independent agency. Before…
Study
Achieving Change at the Federal Trade Commission
Introduction “Never mistake activity for achievement.” – John Wooden Although small in budget, the Federal Trade Commission (FTC) has sometimes had an outsized impact. Created to fulfill one of…
Commentary
Bloomberg Law
“FTC Noncompete Rule Challenge Will Be Decided Without Hearing”
Bloomberg Law reports on the latest in Ryan LLC’s challenge to the FTC’s noncompete rule in federal court.
Real Clear Markets
“Lina Khan Is the True ‘Mob Boss’ She Claims to Be Going After”
Tom Hebert from Americans for Tax Reform discusses concerning comments Chair Khan made about leaders in the private sector.
ProMarket
“The Legality of the FTC’s Noncompete Ban Is Less Certain than Masur and Posner Suggest”
Gus Hurwitz with the International Center for Law & Economics responds to an article by Jonathan Masur and Eric Posner on the fate of the…
The Hill
“Antitrust Goes Industrial”
Fred Ashton from American Action Forum discusses the FTC’s attempts to reshape the American economy under Chair Lina Khan.
DC Journal
“U.S. Tech Groups Say FTC’s Khan Misled Congress over Digital Trade Regs”
Taylor Millard from InsideSources reports on new revelations showing the Lina Khan was less than truthful regarding communications with U.S. Trade Representative Katherine Tai.
Wall Street Journal
“The FTC Brings Back the 1930s”
The Wall Street Journal‘s editorial board highlights the problems with reviving the 1936 Robinson-Patman Act.
Wall Street Journal
“FTC Opens Antitrust Probe of Microsoft AI Deal”
The Wall Street Journal reports on the FTC’s investigation into Microsoft’s investments in OpenAI and Inflection.
National Review
“Lina Khan’s Amazon Flip-Flop”
Tom Hebert from Americans for Tax Reform discusses Lina Khan’s inconsistent view of Amazon’s prices.
About Eye on FTC
Over nearly a century of independence, the Federal Trade Commission operated with broad, sometimes open-ended legal standards to police competition. During the past forty years, the agency sought to optimize consumer welfare in its analysis. No longer is this the case. FTC Chairman Lina Khan has taken issue with numerous industries, trade practices, and regulatory norms. Her expansive view of the agency and the public interest clashes with established practices, the law, and what is best for consumers. At the Competitive Enterprise Institute, we believe no industry is safe from this regulator’s abuse of power and that consumers are in jeopardy. We seek to spotlight agency overreach to help inform legislators, and, ultimately, to restore the agency’s core mission of protecting consumer welfare.
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EVENTS
A comprehensive list of FTC-related policy events at the FTC, CEI, and outside organizations.
VIDEO: Fireside Chat with Former FTC Chairs
The Federalist Society hosted a fireside chat with former FTC Chairs Tim Muris and Maureen Ohlhausen on December 1, 2023.
VIDEO: "Assessing Today's FTC"
The American Action Forum held an event on January 18, 2024, to discuss the future of the FTC and the potential impacts on consumers and business.
VIDEO: "The DOJ-FTC 2023 Merger Guidelines: Evolution or Revolution"
The Information Technology & Innovation Foundation (ITIF) hosted a webinar to discuss the new merger guidelines on January 31, 2024.
"FTC Policy Unpacked: Achieving Change at the FTC"
May 8, 2024 - CEI and the Federalist Society will host a webinar featuring former FTC Chairs Tim Muris and Maureen Ohlhausen, as well as Dr. Howard Beales, former Director of the Bureau of Consumer Protection at the FTC.
"FTC's Sweeping Non-Compete Ban"
May 9, 2024 - The Federalist Society will be hosting a webinar on the FTC's final rule banning most employee noncompete agreements.
FTC Webinar on Noncompete Rule
May 14, 2024 - The FTC will be hosting a webinar providing an overview of the its final rule banning noncompetes.
"Fireside Chat with FTC Commissioner Melissa Holyoak"
May 21, 2024 - The Federalist Society will host an event featuring FTC Commissioner Melissa Holyoak at the Mayflower Hotel.
Past Events on the Federal Trade Commission
Requests for Comment
Notices for Requests for comment from the Federal Trade Commission
FTC proposes updates to its Children's Online Privacy Protection Rule (COPPA)
The Federal Trade Commission announced a notice of proposed rulemaking to update its Children’s Online Privacy Protection Rule (COPPA) on December 20, 2023.
Read MoreFTC Proposes Rule to Ban Junk Fees
FTC and DOJ Seek Comment on Draft Merger Guidelines
The FTC and DOJ released their long awaited draft of the updated merger guidelines. Comments are due September 18, 2023.
Read MoreFTC and Department of Justice Propose Changes to HSR Form
FTC Announces Notice of Proposed Rulemaking (NPRM) for a "Click to Cancel" Option for Subscription and Membership Services
The FTC announced a notice of proposed rulemaking to amend the Negative Option Rule to include a “click to cancel” provision.
Read More"FTC Seeks Comment on Business Practices of Cloud Computing Providers that Could Impact Competition and Data Security"
Comment period closes on May 22, 2023.
Read MoreFinal Rule Announcements
A list of recent final rule announcements from the Federal Trade Commission.
Non-Compete Clause Rule
Final Rule, “Non-Compete Clause Rule,” effective September 4, 2024.
Read MoreProcedures for Review of Final Civil Sanctions Imposed Under the Horseracing Integrity and Safety Act
| Final Rule, “Procedures for Review of Final Civil Sanctions Imposed Under the Horseracing Integrity and Safety Act,” effective October 4, 2022. |
Adjudications & Settlements
Administrative adjudications from the Federal Trade Commission.
FTC Announces Three Right-to-Repair Cases: Do Your Warranties Comply with the Law?
Adjudications, “FTC Announces Three Right-to-Repair Cases: Do Your Warranties Comply with the Law?” July 7, 2022.
Read MoreEpic Games Agrees to Pay $275 Million Penalty
December 19, 2022 – Fortnite creator, Epic Games, agrees to settlement with FTC over allegations that the video game developer violated children’s privacy law.
Read MoreNews & Announcements
Recent news and announcements from the FTC.
FTC Proposes Blanket Prohibition Preventing Facebook from Monetizing Youth Data
The FTC requests $160 million budget increase for FY 2024
March 13, 2023 – The FTC submitted its budget request to Congress, seeking $590 million for FY 2024. This is an increase of $160 million above FY 2023.
Read More
