Antitrust Rulemaking: The FTC’s Delegation Deficit

By Thomas W Merrill, Columbia University

The FTC’s recent assertion of authority to engage in legislative rulemaking in antitrust matters can be addressed under three frameworks: under the major questions doctrine, under the Chevron doctrine, and as a matter of ordinary statutory interpretation. The article argues that as a matter of ordinary statutory interpretation the FTC has no such authority. This makes it unnecessary for courts to consider the other two frameworks.

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