Professor Andrew I. Gavil
83 Geo. Wash. L. Rev. 1902
Published in Connection With the Law Review’s 2014 Symposium “The FTC at 100”
The Federal Trade Commission’s (“FTC” or “the Commission”) authority
extends beyond antitrust law enforcement to include unique tools for industry
study and competition advocacy that allow it to construct a broader
competition policy program. These non-enforcement tools are especially important
during times of change, when technology and other developments can
trigger significant disruptions in the business environment. With respect to
industries affected by such developments, it is essential that the agency uses
these tools to continually upgrade its knowledge and performance capabilities
and to give voice to the interests of consumers. This Essay discusses two specific
tools: prospective study and competition advocacy in heavily regulated
industries. It argues that these tools will become increasingly important in the
FTC’s second century and will provide unique benefits to the agency, consumers,
and the business community.
