When a presidential appointee leaves office, it is quite common to consider the person’s legacy to their department or agency. We are delighted to participate in this symposium and to reflect on the contributions of our friend, Commissioner Joshua Wright, to the Federal Trade Commission.

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We welcome Commissioner Wright’s contribution in making the important point that the Commission’s unfair methods of competition (UMC) jurisdiction under Section 5 of the FTCA should be subject to limiting principles.  We make two observations about the policy statement and a more general observation about the FTC in light of its upcoming 100th anniversary.  The first is that injury to competition has long played a role in the debate concerning the appropriate scope of Section 5.  The second is that it is not yet clear what role efficiencies should play in a Section 5 claim.  Finally, we observe that Section 5 is one of a number of aspects of the FTC’s enforcement mandate that is ripe for reconsideration as we approach the centennial anniversary of both the statute and the agency.

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