FTC’s Existential Threat Inches Closer to Reality
Law360
Law360
Alex Okuliar spoke with Law360 about the recent U.S. Supreme Court ruling in Axon Enterprise, Inc. v. Federal Trade Commission (FTC) that constitutional challenges to the agency can be brought directly to federal court.
Alex noted that he “suspects companies will now think more seriously about making these types of constitutional arguments” and this could “give parties leverage of the agency when litigating or trying to negotiate a settlement.”
The change also means the FTC will have to review the companies targeted in a case, the willingness of those companies to make these arguments, and how the agency is going to respond.
“That’s something that the agency will have to contend with; it will be a serious implication of this ruling,” said Alex, who’s also a former U.S. Department of Justice Antitrust Division official. “In a sense, every time the agency thinks about bringing a challenge to court, they’re likely going to have to defend the constitutionality of the agency.”
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