100 Days In: FTC Acting Chairman Ohlhausen on the FTC During the Trump Administration | Practical Law

100 Days In: FTC Acting Chairman Ohlhausen on the FTC During the Trump Administration | Practical Law

The Federal Trade Commission (FTC) Acting Chairman Maureen Ohlhausen spoke at Kelley Drye on the FTC after the first 100 days of the Trump presidency. Acting Chairman Ohlhausen addressed the key Trump initiatives that affect the FTC and how the FTC is approaching those initiatives, including job creation, reducing federal overreach, and reforming federal regulatory processes.

100 Days In: FTC Acting Chairman Ohlhausen on the FTC During the Trump Administration

by Practical Law Antitrust
Published on 04 May 2017 • USA (National/Federal)
The Federal Trade Commission (FTC) Acting Chairman Maureen Ohlhausen spoke at Kelley Drye on the FTC after the first 100 days of the Trump presidency. Acting Chairman Ohlhausen addressed the key Trump initiatives that affect the FTC and how the FTC is approaching those initiatives, including job creation, reducing federal overreach, and reforming federal regulatory processes.
On May 3, 2017, Acting FTC Chairman Maureen Ohlhausen delivered remarks on the FTC after the first 100 days of President Trump's administration. In her remarks, Acting Chairman Ohlhausen focused on three of President Trump's initiatives that affect the FTC and how the FTC is pursuing those initiatives, including:
  • Job creation.
  • Reducing federal overreach.
  • Reforming federal regulatory processes.

Job Creation

Acting Chairman Ohlhausen stated that one of her first actions as Acting Chairman was to create a task force to reform occupational licensing requirements. She explained that strict occupational licensing requirements:
  • Eliminate jobs.
  • Increase costs for consumers.
  • Stifle innovation.
  • Threaten economic liberty.
Acting Chairman Ohlhausen stated that unless there is a public health or safety reason, a new business should not need government permission to operate. She argued that the current licensing protocols simply exist to protect providers from competition.
Acting Chairman Ohlhausen noted that the FTC created a new Economic Liberty website devoted to occupational licensing issues and encouraged state agencies to consult the website to learn about the benefits of licensing reform.
For an example of a past FTC occupational licensing enforcement action, see Legal Update, Supreme Court Rules that State Board of Dental Examiners Not Protected by State-action Antitrust Immunity.

Federal Overreach

Addressing what she termed as unnecessary government involvement in markets, Acting Chairman Ohlhausen stated that she has encouraged the FTC to intervene only in matters that would present substantial harms, and not merely speculative harms. She explained that consumers generally benefit from free market competition, including though:
  • Job creation.
  • Increased innovation.
  • Economic growth.

Regulatory Reform

Acting Chairman Ohlhausen stated that she agrees with President Trump that unnecessary regulatory requirements hurt the economy and should be eliminated. To that end, she initiated an effort to streamline the FTC's procedural processes, including by encouraging the FTC to use a less elaborate inquiry into simple merger matters, determined on a case-by-case basis.