The Federal Trade Commission (FTC) has broadcasted a potent commitment to retard mergers through changes in rulemaking. However, according to former agency chairs, the commission has yet to attain permanent alterations. Clarity on these sentiments originated from former FTC Chair, Lina Khan, has showcased the agency’s “desire to make a sharp change” through regulatory measures, such as the prohibition of non-compete agreements, and proposed changes to merger guidelines and the 1976 Hart-Scott-Rodino Act. This perspective was shared by Maureen Ohlhausen, who fulfilled the role of acting chair from January 2017 until April 2018.
Despite the FTC’s explicit intentions, the lasting alterations through Congress or the courts remain to be realized. As shared by Ohlhausen, demonstrating the sharp change through rulemaking has had its challenges. This raises crucial questions about Institutional capacity and the effectiveness of attempts to create durable policies in the realm of antitrust.
For more detailed insights from former FTC chairs and their perspectives on ongoing developments within the FTC, visit the original article here.