Bartz in ‘Law360’ on the FTC and Antitrust Rulemaking

BCLP Partner Philip Bartz was quoted May 7 by Law360 on changes that could be ahead for the Federal Trade Commission. The agency has for years played the role of an enforcer that outlines antitrust regulations, primarily by going after mergers and conduct that harm competition, rather than being a rule maker. But if current and incoming Democrats on the commission have their way, that could change. An FTC competition rulemaking initiative under acting Chairwoman Rebecca Kelly Slaughter is in its early stages, and what the new rules might look like is unknown. Antitrust practitioners say specific regulations could take years to write, debate and implement. “The devil will be in the details,” noted Bartz, U.S. leader of BCLP’s Antitrust & Competition Group.