Federal Trade Commission

The Federal Trade Commission passed a pair of pivotal measures expanding its power to regulate anti-competitive business practices, setting the stage for a more aggressive enforcement approach from the embattled agency. In the most aggressive effort, the commission voted to rescind a 2015 “Statement of Enforcement Principles” that restricted the FTC Act’s prescriptions on “unfair methods of competition” to explicit violations of existing antitrust law (specifically the Sherman and Clayton Acts). The vote proceeded along party lines, passing 3-2 with Democrats in the majority.

The Senate confirmed Lina Khan to the Federal Trade Commission, elevating one of the tech industry’s most prominent antitrust critics to the government’s top Silicon Valley watchdog. The vote was 69-28 in a Senate split 50-50 between Democrats and Republicans, signaling the growing bipartisan interest in reining in large tech companies’ power. It came just days after House lawmakers from both parties unveiled bills that could force Silicon Valley companies to change their business practices and in the most severe cases, break up the companies.

The Federal Trade Commission, along with law enforcement agencies from six states, sued Internet service provider Frontier Communications, alleging that the company did not provide many consumers with Internet service at the speeds it promised them, and charged many of them for more expensive and higher-speed service than Frontier actually provided. In a complaint, the FTC and its state partners allege that Frontier advertised and sold Internet service in several plans, or tiers, based on download speed.

The Federal Trade Commission is seeking comment on topics related to the use of digital “dark patterns,” a range of potentially deceptive or unfair user interface designs used on websites and mobile apps, that will be discussed at the agency’s April 29, 2021 workshop. The FTC is seeking comment on several topics that will be discussed at the workshop, Bringing Dark Patterns to Light: An FTC Workshop, including:

Acting Federal Trade Commission Chairwoman Rebecca Kelly Slaughter announced the creation of a new rulemaking group within the FTC’s Office of the General Counsel. The new structure will allow the FTC to take a strategic and harmonized approach to rulemaking across its different authorities and mission areas. With this new group in place, the FTC is poised to strengthen existing rules and to undertake new rulemakings to prohibit unfair or deceptive practices and unfair methods of competition.