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Chapter 30 - Federal Trade Commission
- Consider transferring antitrust enforcement solely to the Department of Justice, potentially eliminating the FTC's role in this area.
- Establish an ESG/DEI collusion task force to investigate firms using these practices as potential covers for anticompetitive activity.
- Examine platforms' advertising and contract-making with children as potentially deceptive or unfair trade practices.
- Potentially require written parental consent for online platforms' contracts with children.
- Institute unfair trade practices proceedings against entities that enter into contracts with children without parental consent.
- Establish a distinct role in the FTC Chairman's office focused on state Attorney General cooperation.
- Invite state Attorneys General to Washington, D.C. to discuss enforcement policy in key sectors.
- Consider returning authority to FTC regional offices.
- Develop more sophisticated methods for measuring consumer surplus in online markets.
- Be more open to behavioral explanations for how platforms create and maintain market power.
- Recalibrate certain aspects of antitrust and consumer protection law and enforcement, particularly in relation to Big Tech and online platforms.
- Potentially expand the consumer welfare standard to include factors beyond just price, while maintaining a similar standard of proof for both harm and efficiencies.
- Take a more proactive approach to antitrust enforcement, particularly when democratic institutions and free speech may be at risk.
- Improve the FTC's ability to predict and understand the behavior of Big Tech companies, going beyond traditional economic theory.