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FTC Requests Input From The Public And Will Hold Hearings About 'Competition And Consumer Protection'

During the coming months, the U.S. Federal Trade Commission (FTC) will hold a series of meeting and seek input from the public about "Competition And Consumer Protection" and:

"... whether broad-based changes in the economy, evolving business practices, new technologies, or international developments might require adjustments to competition and consumer protection enforcement law, enforcement priorities, and policy."

The FTC expects to conduct 15 to 20 hearings starting in September, 2018 and ending in January, 2019. Before each topical hearing, input from the public will be sought. The list of topics the FTC seeks input about (bold emphasis added):

  1. "The state of antitrust and consumer protection law and enforcement, and their development, since the Pitofsky hearings;
  2. Competition and consumer protection issues in communication, information, and media technology networks;
  3. The 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;
  4. The intersection between privacy, big data, and competition;
  5. The Commission’s remedial authority to deter unfair and deceptive conduct in privacy and data security matters;
  6. Evaluating the competitive effects of corporate acquisitions and mergers;
  7. Evidence and analysis of monopsony power, including but not limited to, in labor markets;
  8. The role of intellectual property and competition policy in promoting innovation; 
  9. The consumer welfare implications associated with the use of algorithmic decision tools, artificial intelligence, and predictive analytics;
  10. The interpretation and harmonization of state and federal statutes and regulations that prohibit unfair and deceptive acts and practices; and
  11. The agency’s investigation, enforcement, and remedial processes."

The public can submit written comments now through August 20, 2018. For more information, see the FTC site about each topic. Additional instructions for comment submissions:

"Each topic description includes issues of particular interest to the Commission, but comments need not be restricted to these subjects... the FTC will invite comments on the topic of each hearing session... The FTC will also invite public comment upon completion of the entire series of hearings. Public comments may address one or more of the above topics generally, or may address them with respect to a specific industry, such as the health care, high-tech, or energy industries... "

Comments must be submitted in writing. The public can submit comments online to the FTC, or via  postal mail to. Comments submitted via postal mail must include "‘Competition and Consumer Protection in the 21st Century Hearing, Project Number P181201," on both your comment and on the envelope. Mail comments to:

Federal Trade Commission
Office of the Secretary
600 Pennsylvania Avenue NW., Suite CC–5610 (Annex C)
Washington, DC 20580

See the FTC website for instructions for courier deliveries.

The "light touch" enforcement approach by the Federal Communications Commission (FCC) with oversight of the internet, the repeal of broadband privacy, and the repeal of net neutrality repeal, has highlighted the importance of oversight and enforcement by the FTC for consumer protection.

Given the broad range of topical hearings and input it could receive, the FTC may consider and/or pursue major changes to its operations. What do you think?

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