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Most Read Contributor in United States, January 2019
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.
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