FTC Adopts Further Changes to Rules of Practice | Practical Law

FTC Adopts Further Changes to Rules of Practice | Practical Law

The Federal Trade Commission (FTC) revised Parts 3 and 4 of its Rules of Practice.

FTC Adopts Further Changes to Rules of Practice

Practical Law Legal Update 0-611-8338 (Approx. 3 pages)

FTC Adopts Further Changes to Rules of Practice

by Practical Law Antitrust
Published on 07 May 2015USA (National/Federal)
The Federal Trade Commission (FTC) revised Parts 3 and 4 of its Rules of Practice.
On May 5, 2015, the Federal Trade Commission (FTC) announced that it adopted revisions to Parts 3 and 4 of its Rules of Practice (16 C.F.R. §§ 3 and 4).

Part 4

The FTC revised Rule 4.2 of the Rules of Practice, which addresses filing documents that are not correspondence. The FTC amended Rule 4.2(c) to specify that effective May 12, 2015, documents filed before the FTC or an Administrative Law Judge under Part 3 of the FTC's Rules of Practice may be filed either:
  • In hard copy. Parties are no longer required to provide 12 paper copies and a CD or DVD holding an electric copy when filing hard copies. Hard copy filings now must include:
    • one paper original;
    • one paper copy; and
    • one electronic copy in Adobe portable format or another format specified by the Secretary.
  • Using the FTC's electronic filing system. Parties can submit documents labelled confidential or in camera through the electronic filing system. Parties must comply with the Secretary's directions for using the system.
The FTC noted that the electronic filing system may not be used to:
  • Serve confidential or in camera documents.
  • Serve third parties.
The FTC also amended:
  • Rule 4.3(c) to give a one-day extension to parties required or permitted to respond to a document served via the electronic filing system.
  • Rule 4.3(d) to make electronic filings timely if they are filed by 11:59pm ET on the date they are due.
The FTC made non-substantive changes to other parts of Rule 4 to clarify current rules.

Part 3

The FTC made non-substantive changes to Part 3 to ensure consistency with the amended Part 4.
The FTC voted 5-0 to adopt the Rule revisions.