The Federal Trade Commission ("FTC") will hold public hearings beginning in September 2018 to determine whether current economic factors necessitate changes to competition and consumer protection enforcement law, enforcement priorities and policies.

The FTC stated that the hearings will be similar "in form and structure" to the so-called Pitofsky Hearings held in 1995 which focused on determining whether amendments to the antitrust and consumer protection enforcement were necessary following changing economic circumstances.

The FTC is accepting public comment on the following topics until August 20, 2018:

  • the condition of antitrust and consumer protection law and enforcement since the Pitofsky Hearings;
  • any competition and consumer protection issues in communication, information and media technology networks;
  • the identification and measurement of market power and entry barriers, and the evaluation of collusive, exclusionary or predatory conduct, or conduct that violates the consumer protection statutes enforced by the FTC, in markets featuring "platform" businesses;
  • the intersection among privacy, big data and competition;
  • the FTC's remedial authority to deter unfair and deceptive conduct in privacy and data security matters;
  • the competitive effects of corporate acquisitions and mergers;
  • evidence and analysis of monopsony power, including in the labor markets;
  • the function of intellectual property and competition policy in promoting innovation;
  • the consumer welfare implications associated with the use of algorithmic decision tools, artificial intelligence and predictive analytics;
  • the interpretation and harmonization of state and federal statutes, and regulations that prohibit unfair and deceptive acts and practices; and
  • the FTC's investigation, enforcement and remedial processes.

In addition, the FTC will invite specific topic comment prior to each hearing session and at the conclusion of the hearing series.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.