Recent Investigation Closing Suggests FTC's Process Reforms Might Be Meaningful

Back in April, we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating "wasteful, legacy regulations and processes that have outlived their usefulness," including "process reforms" for civil investigatory demands (CIDs) for reviewing and closing some investigations. Now, six months later, we thought it useful to consider whether these new initiatives have been meaningfully applied to investigations.

Since announcing its process reforms, the FTC has attributed the closing of only one investigation to the reforms. This previously nonpublic investigation reportedly began six years ago. In a press release on the closing, Acting Chairman Maureen K. Ohlhausen explained: "Matters that ultimately do not merit enforcement action can and should be closed promptly."