The Federal Trade Commission (FTC) appears poised to begin
testing the scope of its rulemaking authority, including new
substantive competition rules for the first time in decades.1 On
March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed
a group within the agency's Office of the General Counsel to
centralize FTC rulemakings. In announcing the change, Slaughter
said that it was "time for the Commission to activate its
unfair methods of competition rulemaking authority," and that
she is "excited for this new rulemaking group to explore all
the possibilities."2
In a recent speech setting out part of her vision for the new
group, Slaughter stated that rulemakings are a "powerful
tool" that have been "underappreciated." She will
task the group, which will be led by one of her former advisors,
with updating current rules and developing new ones.3
Slaughter promised to streamline the FTC's rulemaking process,
which she acknowledged could be lengthy and
