Section 5 · Independent Regulatory Agencies
🧾Ch. 30 — Federal Trade Commission
FTC · 10 tracked
More aggressive Big Tech antitrust using behavioral/hedonic consumer-surplus metrics
Proposed
Mandate argues traditional price-based models miss platform power; FTC must get more sophisticated measuring consumer surplus and remain open to behavioral explanations (habit, small hedonic differences) for how platforms create/keep market power, given speech/democracy stakes of Type I error.
Treat politically motivated refusals to deal (debanking) as potential unfair trade practices
Proposed
Mandate argues publicly traded, highly regulated, privileged, market-powerful firms that refuse lawful customers over political/social views (fossil fuels, guns) can commit unfair trade practices when advancing political agendas unrelated to branding.
FTC unfair-practice cases against platforms contracting with children without parental consent
Proposed
Mandate says targeting children for harmful contracts is an unfair trade practice; FTC should examine kids’ advertising/contracting (perhaps requiring written parental consent) and institute UTP proceedings against entities contracting with children without parental consent, beyond COPPA’s under-13/actual-knowledge limits.
Some conservatives: move antitrust solely to DOJ or end FTC independence
Proposed
Chapter records the view that antitrust enforcement should sit solely in DOJ because FTC commissioners are not removable at will, and that Humphrey’s Executor-style independence may be revisited—while also arguing conservatives should not unilaterally disarm the administrative state.
Create ESG/DEI collusion task force; Congress investigate ESG as unfair/anticompetitive cover
Proposed
Mandate urges an FTC ESG/DEI collusion task force—especially on private equity—to probe whether ESG/DEI coordination is used to fix prices, meet targets, or reduce output, and says Congress should investigate ESG practices as cover for anticompetitive activity and unfair trade practices.
Expand consumer-welfare standard beyond price; equal proof for efficiencies
Proposed
While saying consumer welfare must guide FTC action, Mandate argues the standard must expand beyond price in appropriate cases with strong evidence, and that the same proof burden used to show competitive harm must apply to claimed efficiencies; criticizes rescinding the 2015 Policy Statement.
Prioritize cases on government–private collusion and regulation-driven concentration
Proposed
Mandate stresses FTC should consider government’s role in maintaining concentration (pharma, healthcare, avionics, banking, brokerage) and address explicit/implicit collusion—including social-media–government censorship partnerships and regulatory barriers that deter entrants.
Heighten federal–state scrutiny of hospital and supermarket mergers
Proposed
In discussing state AG cooperation, Mandate specifically flags hospital mergers and supermarket mergers (alongside Big Tech) as key sectors for coordinated enforcement policy.
Recalibrate antitrust beyond pure price-Bork model given speech and democracy risks
Proposed
Mandate’s conclusion says many conservatives believe developments—government–private collusion, threats to free speech, and harms to children’s well-being—may warrant careful recalibration of antitrust and consumer-protection enforcement.
Create Chair’s office role for state AG cooperation; restore regional office authority
Proposed
Mandate proposes a distinct Chairman’s-office role focused on state AG cooperation (Big Tech, hospital/supermarket mergers) and returning authority to shrunk FTC regional offices—while noting some conservatives dissent on expanding regional footprint.