Insights

The Federal Trade Commission (FTC) recently lifted many guardrails that channeled its rulemaking authority for broad swaths of the U.S. economy. With an expected increase of rulemaking activity, regulation of competition may increasingly shift from ex-post antitrust enforcement to ex-ante regulatory obligations. Intended to intervene before any harm is caused, these obligations suggest a precautionary approach toward market innovations. How should regulators use the FTC rulemaking authority in today’s rapidly changing markets?