Yesterday, TechFreedom filed comments in response to the Federal Trade Commission’s (FTC) public inquiry into the impact of federal regulations on competition, with the goal of identifying and reducing anti-competitive regulatory barriers. Our comments urged the Commission to return to a balanced regulatory approach by restoring its original mission statement in the upcoming Strategic Plan, including the phrase “without unduly burdening legitimate business activity.” 

“The Commission should prioritize avoiding unnecessary burdens on legitimate businesses,” said Andy Jung, Associate Counsel at TechFreedom. “Astoundingly, in 2022, the Commission changed its longstanding mission statement, striking ‘without unduly burdening legitimate business activity’ without so much as a footnote highlighting the deletion. Since changing the mission statement, the Commission has sought to: ban non-compete agreements despite courts leaving that authority to the states; hold AI developers liable for malicious actors misusing their tools in contravention of Section 230; and bully online platforms into changing their content moderation practices in violation of the First Amendment. The FTC should return to protecting legitimate business activity: failing to do so has undermined the agency’s legitimacy.”

“Reinstating the original mission statement is the first step towards reestablishing the Commission’s top priority of protecting consumers and competition,” concluded Jung. “A balanced, cost-effective approach is crucial now as businesses face inflation, supply chain issues, and labor shortages amid rising regulatory overreach and economic uncertainty. Historically, the FTC has recognized that legitimate business activity benefits consumers and competition. Current Commission leadership claims to stand for competition, entrepreneurship, and innovation: they should walk the talk by reinstating the original mission statement.”

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Find these comments on our website, and share them on Twitter and Bluesky. We can be reached for comment at media@techfreedom.org. Read our related work, including:

About TechFreedom: TechFreedom is a nonprofit, nonpartisan 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.

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