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The Regulatory Revolution at the FTC
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The Regulatory Revolution at the FTC: A Thirty-Year Perspective on Competition and Consumer Protection

James C. Cooper

Abstract

In the 1970s, the Federal Trade Commission had embarked on an activist consumer protection and antitrust agenda which resulted in severe public and congressional backlash, including calls to abolish the agency. Beginning in 1981, under the direction of Chairman James Miller, the FTC started down a new path of economically-oriented policymaking. This new approach helped save the FTC and laid the groundwork for it to grow into the world-class consumer protection and antitrust agency that it is today. This book examines this period of transition in light of continuing debate about the FTC's missi ... More

Keywords: Federal Trade Commission, antitrust agenda, James Miller, FTC, regulatory decision-making, economic analysis

Bibliographic Information

Print publication date: 2013 Print ISBN-13: 9780199989287
Published to Oxford Scholarship Online: September 2013 DOI:10.1093/acprof:oso/9780199989287.001.0001

Authors

Affiliations are at time of print publication.

James C. Cooper, editor
George Mason University School of Law

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Contents

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Introduction: Planting the Seeds of the Regulatory Revolution

2 Panel Discussion: Politics and Policy in 1981

John H. Carley, Sidney M. Milkis, Timothy J. Muris, and Bruce Yandle

I Jurisdiction, Policy, and Procedure

5 Do Expert Agencies Outperform Generalist Judges?

Joshua D. Wright, and Angela Diveley

6 Paradigm Shopping1

A. Douglas Melamed

II Consumer Protection

8 In Defense of the Pfizer Factors1 , 2 , 3

J. Howard Beales, Timothy J. Muris, and Robert Pitofsky

9 The FTC Then and Now: Privacy1 , 2

Paul H. Rubin, and Thomas M. Lenard

III Antitrust

11 Tying to Mitigate the Deadweight Loss of Monopoly Pricing

Richard S. Higgins, and Mark Perelman

Conclusion: Implications for Future FTC Enforcement

13 Panel Discussion: Lessons for Setting Priorities

William E. Kovacic, Deborah P. Majoras, Robert Pitofsky, and J. Thomas Rosch

End Matter