In this thought-provoking conversation, Morten Skroejer engages with former FTC Commissioner Noah Phillips to discuss the FTC’s application of the unfair methods of competition standard. The conversation delves into the agency’s authority to issue substantive rules and its potential implications.
Morten and Noah examine the legal and constitutional arguments against the FTC’s broad interpretation of its rulemaking powers. They also explore the significance of political capital and how it influences agency decisions.
As they navigate the complexities of FTC authority, they advise businesses to be proactive and mindful of their conduct, even in the absence of specific rules. The conversation ends with a reflection on the timeline for releasing the discussion and the importance of reviewing the content carefully.
Join Morten and Noah as they shed light on the legal landscape surrounding the FTC’s application of the unfair methods of competition standard and its potential impact on businesses and consumers.
Watch the full conversation here
