At the end of August, the Federal Trade Commission (FTC) published its new strategic plan for the next five years.
What was outlined continues to show the FTC’s emphasis on enforcement following the loss of its 13(b) authority while broadening the commission’s focus and being more aggressive in terms of goals. According to this article from JD Supra …
“The Federal Trade Commission (FTC) ushers in a new outlook on enforcement in its strategic plan released August 26, which sets the FTC’s priorities for the next five years. This plan comes under the leadership of FTC Chair Lina Khan who has brought a more expansive view of the FTC’s role in antitrust enforcement than in previous administrations.
In her Message from the Chair, Khan highlighted that in crafting the plan the agency considered loss of its 13(b) authority. The U.S. Supreme Court, in AMG Capital Management, LLC v. FTC, 141 S. Ct. 1341 (2021), limited the FTC’s authority under Section 13(b) of the FTC Act to recover money for harmed consumers. Chair Khan also noted that the plan “reflects the FTC’s commitment to ensuring its work benefits all Americans.”
Notably, the FTC Mission and Vision statements in the plan focus on protecting the public, going beyond the FTC’s traditional focus on protecting consumers and competition. For example, the FTC’s Mission in the last strategic plan focused on “[p]rotecting consumers and competition by preventing anticompetitive, deceptive, and unfair business practices through law enforcement, advocacy, and education without unduly burdening legitimate business activity.” In this plan, the Mission Statement reads “[p]rotecting the public from deceptive or unfair business practices and from unfair methods of competition through law enforcement, advocacy, research, and education.” (emphasis added).”