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Downey Law in the News

Our Curious Amalgam Podcast Hosted by Alicia Downey: Is This a New Era of Federal Trade Regulation by Rule? The Past, Present, and Future of FTC Rulemaking

Mar 28, 2022

For decades the FTC relied on its adjudicatory authority, applying its expertise on a case-by-case basis in administrative litigation, but now, FTC leadership seems to be shifting away from litigation to “legislative-style” rulemaking. What does that mean in practical terms? In this episode, co-hosts Jana Seidl and Alicia Downey speak with Adam White, a senior fellow at the American Enterprise Institute, and co-director of George Mason University’s Gray Center for the Study of the Administrative State, about what FTC rulemaking looks like and what we can expect. Listen to this episode to learn more about how FTC rulemaking started, how it evolved, recent changes to the process, and where the FTC may be headed with rulemaking. Click here to access the podcast.