Last November, the FTC requested public comment on its 2022-2026 draft strategic plan. As we blogged here and discussed the submission to the FTC (one of only 21 submitted), a key change from previous strategic plans was the removal of the phrase “without disturbing legitimate business activity” from the FTC’s mission statement — a change the commission adopted in its final strategic plan for 2022-2026.
Here’s the mission statement for the 2018-2022 plan, which generally follows the terminology the FTC has used for decades:
- Protecting consumers and competition by preventing anti-competitive, deceptive and unfair business practices through enforcement, advocacy and education Improper imposition of legitimate business activity (Emphasis added).
And here’s the FTC’s completed mission statement for 2022-2026:
- Protect the public from deceptive or unfair business practices and unfair competitive practices through law enforcement, advocacy, research and education.
As we have stated in our previous articles and comments, we think that omitting the phrase “without undue burden on legitimate business activity” sends a message of concern to the public about the FTC’s intent and purpose. By the time the FTC said (on the final plan), the balance would double.[s]enior staff met to discuss the public comments received, and changes were made to the draft plan in response” — thus confirming that the deletion of the phrase was deliberate and not easily controlled.
Indeed, some of the Commission’s recent actions send the same alarming message. For example, as we discuss here, the FTC’s ANPR details the benefits of privacy regulation on “commercial surveillance,” but says very little about the potential costs to consumers, competition, and the regulation. Legal business activity.
Here’s a quick reminder of why this phrase and the principle it embodies are so important: Over the years, in enforcing the law and developing regulations, the FTC has said it will regulate its charges, prohibitions, and remedies. Illegal We work to protect legitimate business practices that provide products and services to consumers and to maintain our vibrant and competitive economy. In other words, the FTC has recognized that legitimate business activity Benefits consumers and competition, and has consistently made public commitments to protect it.
In addition, as we have detailed in our previous articles and comments, the concept of protecting legitimate business activity is essential to the rules and policies that have long guided the agency’s authority and procedures – the precedent governing unfair, deceptive, promissory, “fencing” and unfair competition practices.
The FTC’s mandate — to prevent deceptive, unfair, and anti-competitive practices — is essential to maintaining a thriving economy that serves and protects the American people. So is waiting. Legal business activity It’s what consumers in this country rely on every day.
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