Today, TechFreedom filed comments in response to the Federal Trade Commission’s request for public review and comment on the Draft FTC Strategic Plan for Fiscal Years 2022 to 2026. In these comments, TechFreedom opposes the agency’s proposed change to the FTC’s Mission. At issue is the proposed change to strike the “without unduly burdening legitimate business activity” clause from the FTC’s mission statement — something the FTC proposes to do without so much as a footnote highlighting the deletion.
“Proposing to remove this clause from the FTC’s mission statement is astounding,” said Andy Jung, TechFreedom’s Legal Fellow. “Since 1997, every FTC Strategic Plan has used this phrase in their mission statement, or extremely similar language. The FTC has repeated and adhered to this mission statement for the last 25 years. The recent 2022 draft is the only exception.”
“Consequently, the draft Strategic Plan raises more questions than it answers,” Jung continued. “Moving forward, does the FTC intend to burden legitimate business activity? Does the agency now believe that certain legal or procompetitive business activities merit regulatory burdens? The Draft Strategic Plan fails to answer these questions, let alone provide any rationale for altering the FTC’s Mission.”
“Ultimately, the agency should retain the ‘without unduly burdening legitimate business activity’ clause in the FTC’s mission and continue to use a balanced regulatory approach which allows, not burdens, procompetitive conduct,” Jung concluded.
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We can be reached for comment at media@techfreedom.org. Read our related work, including:
- TechFreedom webinar: Should the FTC Ban Exclusive Contracts?, (Nov. 8, 2021)
- RTP webinar: FTC’s Revolution Through Rulemaking, (Nov. 2, 2021)
- Pride Before the Fall at the FTC?, Law & Liberty (Nov. 2, 2021)
- TechFreedom webinar: Does the FTC Have Authority to Issue Competition Rules?, (Oct 21, 2021)
- Podcast: Part II – What’s Going on at the Federal Trade Commission?, (Oct. 7, 2021)
- Podcast: Part I – What’s Going on at the Federal Trade Commission?, (Oct. 5, 2021)
- Our comments to the FTC regarding their rulemaking authority, (Sep. 30, 2021)
- Our comments to the FTC regarding a proposed ban on exclusionary contracts, (Sep. 30, 2021)
- Our comments to the FTC regarding a proposed ban on non-compete clauses, (Sep. 30, 2021)
- Our comment to the FTC regarding their July 1 open commission meeting on the “unfair methods of competition” policy statement (June 30, 2021)
- Interview on dismissal of FTC’s antitrust lawsuit against Facebook – Day 2 (June 30, 2021)
- Interview on dismissal of FTC’s antitrust lawsuits against Facebook – Day 1 (June 29, 2021)
- Our letter to Capitol Hill regarding Section 13(b) of the FTC Act (May 26, 2021)
- FedSoc webinar: AMG Capital Management v. FTC (Apr. 23, 2021)
- SCOTUS Restores Due Process at the FTC, press release (Apr. 22, 2021)
- Our comments to Representative Cathy McMorris Rodgers of her previous comments that it should not be the FCC, FTC or any government agency’s job to moderate free speech online (Mar. 18, 2021)
- Coalition letter to Capitol Hill laying out an alternate “positive antitrust agenda” (Mar. 4, 2021)
About TechFreedom:
TechFreedom is a non-profit, non-partisan technology policy think tank. We work to chart a path forward for policymakers towards a bright future where technology enhances freedom, and freedom enhances technology.