Flurry of New FTC Rules and Policies Signals Era of Aggressive Enforcement Despite Recent Supreme Court Defeat
View Debevoise In Depth
Key takeaways:
- On July 1, 2021, the FTC implemented a number of new rules and policies that signal aggressive antitrust and consumer protection enforcement is forthcoming, particularly against targeted industries such as technology and healthcare. President Biden’s July 9, 2021 Executive Order on Promoting Competition in the American Economy also supports aggressive FTC enforcement.
- The rules and policy changes, which were implemented by 3-2 vote, will make it easier for FTC staff to initiate investigations and promulgate regulations, including potential regulations governing privacy and cybersecurity.
- Companies making violative “Made in the U.S.A.” claims will be susceptible to civil penalties.
- The FTC is concurrently asking Congress to grant it the authority to obtain monetary remedies under Section 13(b) of the Federal Trade Commission Act in an effort to counter the recent Supreme Court AMG Capital decision.