Advice for New FTC Leadership

Luke M. Froeb & Michael Vita November 26, 2024

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Focus on Consumer Welfare

In the 40 years preceding the Federal Trade Commission (“FTC”) under the Biden Administration (“Biden FTC”), consumer welfare was the goal of antitrust enforcement. Though having to prove that consumers are harmed by the challenged conduct makes cases harder to win, pursuing this goal guides the FTC, motivates its staff, and deters practices that harm consumers. Instead of onerous merger filing requirements borne by all potential merging firms, the FTC should renew its focus on only those mergers likely to harm consumers.

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