May 06, 2021

Alicia Batts Addresses FTC Rulemaking Group and Administrative Litigation With Consumer Electronics Daily

In the article “Ex-FTC Officials Expect Active Rulemaking Group,” Consumer Electronics Daily turned to antitrust partner Alicia Batts for insight on how the FTC’s new rulemaking group may have work to fill gaps left in its authority by a recent Supreme Court decision and the anticipated increase in administrative litigation over consumer protection cases.

“Expect an immediate impact once there are three Democratic commissioners,” said Batts. The publication also explained how Lina Khan is awaiting Senate confirmation, as is FTC Commissioner Rohit Chopra for his new role as Consumer Financial Protection Bureau director.

Batts further noted that state attorneys general (AGs) could help fill gaps in authority because state laws let AGs pursue disgorgement. She agreed there would likely be an increase in administrative litigation, but a Democratic Congress will have “good odds” of amending the statute. The high court decision increases the need for Congress to examine antitrust laws, Batts added.

The full article is available for Consumer Electronics Daily subscribers.

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