Caution Needed from the New Neo-Brandeisian Majority at the FTC, Says ITIF

May 11, 2022

WASHINGTON—With the confirmation of Alvaro Bedoya as FTC Commissioner, the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, issued the following statement from Aurelien Portuese, ITIF’s director of antitrust and innovation policy:

The confirmation of Alvaro Bedoya as Commissioner of the Federal Trade Commission gives the Democrats a majority and enables Chair Lina Khan to implement the FTC’s regulatory priorities for 2022

One of those priorities is to engage in rulemaking on so-called “unfair methods of competition,” although such rulemaking is both legally questionable and economically harmful.

Instead of using a newly acquired majority to engage in regrettable rulemakings, Chair Khan should use Bedoya’s privacy and consumer protection expertise to strengthen enforcement against firms engaged in egregious deceptive acts and practices. 

The new majority FTC should focus on enforcing laws that benefit consumers rather than creating rules that may harm both innovation and economic growth.

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Caution Needed from the New Neo-Brandeisian Majority at the FTC, Says ITIF