On March 13, 2015, the Federal Trade Commission (FTC) announced that it adopted revisions to Parts 2, 3 and 4 of its Rules of Practice (16 C.F.R. §§ 2, 3 and 4).

Under the revised Rules 2.7 and 2.10, which guide the FTC's investigatory practices (including 6(b) studies), the list of FTC officials with authority to modify the terms of compliance with 6(b) studies and other forms of compulsory process has been expanded to include the director and deputy director of the Office of Policy Planning. Before the revision, the following officials were authorized to modify the terms of compliance with compulsory process:

The FTC expanded the list because the Office of Policy Planning frequently conducts 6(b) studies and other investigations using the compulsory process. In addition, the FTC extended the deadline for disposing petitions to limit or quash the compulsory process by 10 days, to 40 days total, to allow the FTC sufficient time to review the merits of a petition.

Under the revised Rule 3.26, if the FTC seeks a preliminary injunction in federal court to block a merger and loses, the related administrative proceeding will be suspended. To trigger the suspension, the respondent must file within 14 days of the denial of injunctive relief either:

The FTC stated that the revision adheres to its commitment to consider the specific facts of each case when deciding whether administrative litigation is in the public interest.

The FTC also made non-substantive, technical changes to Part 3 to correct typographical errors, ensure consistency and clarify certain rules.

The FTC also revised Rules 4.9, 4.11 and 4.13, which address public accessibility to public records, Freedom of Information Act disclosures and the FTC's Privacy Act Rule, respectively.

The FTC voted 5-0 to adopt the Rule revisions. The revisions will take effect on publication in the Federal Register.