Antitrust Law Daily Wrap Up, ANTITRUST NEWS: Senators Urge FTC to Focus on Protecting Consumers, Guiding Industry, (Nov 19, 2012)

By Jeffrey May, J.D.

Ten Republican senators have sent a letter to FTC Chairman Jon Leibowitz, urging the agency to act within its statutory authorities and provide more guidance for American industry when taking action.

Senators Jim DeMint (South Carolina), Kay Bailey Hutchison (Texas), Orrin Hatch (Utah), John Thune (North Dakota), John Cornyn (Texas), Johnny Isakson (Georgia), Roy Blunt (Missouri), John Boozman (Arkansas), Pat Toomey (Pennsylvania), and Marco Rubio (Florida) all signed onto the November 15 letter.

The letter expressed concern about the Commission’s “apparent eagerness…to expand [FTC Act] Section 5 actions without a clear indication of authority or a limiting principle.” The agency’s conduct could hamper innovation in the “rapidly evolving technology industry,” according to the letter.

Senator DeMint, the lead author of the letter, as well as a number of other senators who signed onto the letter, are members of the Senate's Commerce, Science, and Transportation Committee, which oversees the FTC's consumer protection efforts. Senator DeMint said that he hoped to work with Senator Jay Rockefeller (West Virginia), Commerce Committee Chairman, and the committee's majority in the upcoming Congress on FTC reauthorization.

News: Antitrust