FTC Issues Five-Year Strategic Plan: What Businesses Need to Know

The Federal Trade Commission (FTC) recently released its Strategic Plan for Fiscal Years 2026–2030, setting out the agency’s enforcement priorities and operational objectives for the next five years under Chairman Andrew N. Ferguson. The plan reaffirms the FTC’s commitment to vigorously enforcing the nation’s antitrust and consumer protection laws “without fear or favor.” Critically for businesses, the plan returns the phrase “without unduly burdening legitimate business activity” to the agency’s mission statement, signaling a commitment to ending what the agency characterizes as overregulation of businesses that compete fairly and deal honestly with consumers. Despite this business-friendly framing, the plan signals robust enforcement across consumer protection, antitrust, and emerging technology — areas that will directly affect in-house counsel’s compliance planning over the coming years.

Consumer Protection and Privacy Enforcement

The FTC is doubling down on consumer protection enforcement, with particular focus on areas that touch nearly every business operating online.

The FTC’s key consumer protection program areas include fighting fraud and deception, combating health fraud, addressing unlawful conduct related to privacy and data security, and holding Big Tech accountable for unlawful conduct that harms children and undermines the online marketplace. Protecting children online is a key concern, and the FTC is focusing its consumer protection tools and resources in this area — including through Children's Online Privacy Protection Act (COPPA) enforcement against companies that fail to follow its requirements, and through new authority under the Take It Down Act.

The FTC will also continue aggressive monitoring of advertising and marketing practices. The agency identifies targets by augmenting its complaint databases with other enforcement leads, such as ad monitoring, online “surfs” monitoring the internet for potentially false or deceptive advertising, and direct referrals from government and private sector partners.

Practical Implications:

• Audit your company’s data collection practices, particularly with respect to minors, and assess COPPA compliance.
• Review online advertising and marketing claims — the FTC is actively scanning for deceptive practices without waiting for consumer complaints.
• Ensure your privacy and data security policies are current and enforceable.

Antitrust Enforcement

The FTC views anticompetitive mergers and business practices as harmful to Americans, leading to higher prices, lower wages, and reduced quality, choice, and innovation. The plan makes clear that merger review and antitrust enforcement will remain front and center. The FTC’s Bureau of Competition, with support from the Bureau of Economics and the Office of Technology, will investigate proposed and consummated mergers as well as business conduct that may be anticompetitive, taking enforcement action using litigation and consent orders to prevent or remedy harm.

Notably, the plan signals heightened attention to labor market conduct. The FTC intends to study and investigate the impact of no-poach agreements, nonsolicitation agreements, no-hire agreements, noncompete agreements, wage-fixing agreements, and unlawful coordination on DEI employment metrics on worker wages and benefits. The agency will also prioritize divestitures of standalone business units and be prepared to litigate when parties propose remedies the FTC views as ineffective or unenforceable.

Practical Implications:

• Engage antitrust counsel early in any M&A process — the FTC signals it will screen transactions efficiently using revised HSR forms and Merger Guidelines.
• Revisit and, where appropriate, revise or eliminate no-poach, nonsolicitation, and noncompete provisions in employment agreements.
• Ensure any proposed merger remedies are concrete and enforceable — the FTC has signaled a low tolerance for inadequate fixes.

Technology as an Enforcement Tool and Cross-Agency Coordination

The FTC is not just setting enforcement priorities — it is building the internal infrastructure to act on them more effectively. The FTC’s Information Resource Management Strategic Plan establishes a multiyear plan for modernizing the FTC’s IT capabilities using technologies, such as AI, predictive analytics, and machine learning, to change the way the FTC does business. The FTC intends to evaluate and deploy certain technologies, including AI and big data analytics, to address changing agency needs and increasing data volumes, and to promote automation and digitization in business processes.

At the same time, the FTC is actively seeking to collaborate with other agencies and state attorneys general to maximize its limited resources in enforcing the antitrust laws and to help identify and dismantle regulatory barriers to free and open competition. Because telemarketing, internet fraud, and other unlawful conduct are increasingly cross-border in scope, the FTC routinely cooperates and collaborates with its international counterparts on cross-border law enforcement and policy work.

Practical Implications:

• Expect the FTC to use data-driven tools to identify enforcement targets — businesses should not assume that, without a consumer complaint, they are under the radar.
• Coordinate with state-level counsel: increased FTC-state AG collaboration means that federal enforcement actions may be accompanied by parallel state proceedings.
• For companies with international operations, be aware that FTC cross-border coordination means conduct that occurs abroad may still attract FTC scrutiny if it harms American consumers.

This alert is intended as a general summary of recent regulatory developments and does not constitute legal advice. Please contact us with any questions about how these developments may affect your business.