FTC Will Hold Public Hearings on Consumer Protection Laws

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The Federal Trade Commission (FTC) will hold a series of public hearings in the fall and winter of 2018.  The public hearings will examine whether recent changes in the economy, business practices, and international developments warrant adjustments to competition and consumer protection laws.  In anticipation of these public hearings the FTC is seeking public comments on the following topics:

  • State of antitrust and consumer protection law and enforcement, and their development, since the Pitofsky hearings;
  • Competition and consumer protection issues in communication, information, and media technology networks;
  • Identification and measurement of market power and entry barriers, and the evaluation of collusive, exclusionary, or predatory conduct or conduct that violates the consumer protection statutes enforced by the FTC, in markets featuring “platform” businesses;
  • The intersection between privacy, big data, and competition;
  • The FTC’s remedial authority to deter unfair and deceptive conduct in privacy and data security matters;
  • Evaluating the competitive effects of corporate acquisitions and mergers;
  • The evidence and analysis of monopsony power, including but not limited to, in labor markets;
  • The role of intellectual property and competition policy in promoting innovation;
  • The consumer welfare implications associated with the use of algorithmic decision tools, artificial intelligence, and predictive analytics;
  • The interpretation and harmonization of state and federal statutes and regulations that prohibit unfair and deceptive acts and practices; and
  • The FTC’s investigation, enforcement and remedial processes.

Public comments are due on August 20, 2018.

The entire press release can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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