On December 6, the Program on Law and Economics hosted a symposium focused on the future of the Federal Trade Commission (FTC). The symposium was organized and moderated by Professor Avishalom Tor, Director of both the Notre Dame Law School Program on Law and Economics and the Research Program on Law and Market Behavior (ND LAMB).

The event began with a keynote presentation by Professor William Kovacic, the Global Competition Professor of Law and Policy at George Washington University Law School and Director of its Competition Law Center.

In a keynote address, Professor Kovacic, who is also a former Chair of the FTC, discussed the agency’s critical role in promoting competition through adjudication, rulemaking, and market studies, as well as via litigation.

He outlined the history of the FTC, which was established in 1914 with broad authority to prohibit unfair competition, and emphasized its unique expertise in. Despite these strengths, he noted that the FTC faces challenges, including limited research capacity, reliance on federal courts for enforcement, and its relationship with the Department of Justice. Critics have questioned the FTC's effectiveness in regulating the digital space, citing difficulties in integrating its functions and the diminishing ability to set industry norms. Kovacic emphasized the need for the FTC to adapt to evolving economic conditions, particularly in the digital realm, where regulatory challenges are rapidly increasing.

Following the keynote, Professor Jonathan Baker, a former Director of the FTC’s Bureau of Economics, former Chief Economist at the Federal Communications Commission, and Emeritus Professor of Law at American University College of Law and Professor Maria Maciá, Associate Professor of Law at Notre Dame and a fellow of the Program on Law and Economics and ND LAMB, offered their insights and comments on Kovacic's presentation The symposium concluded with a roundtable discussion, moderated by Professor Tor, and audience Q&A.

View the entire symposium below.

Originally published by Notre Dame Law School at law.nd.edu on December 19, 2024.