The Federal Trade Commission on Thursday voted to expand its enforcement powers by repealing a bipartisan rule approved in 2015 that restricted its ability to bring antitrust cases that contradict a federal court's interpretation of federal antitrust laws. The vote was 3-2 along the party lines, with the Democratic majority voting in favor of the motion.
"The 2015 statement doubled the agency's long-standing failure to investigate and prosecute unfair competitive practices," said Chairwoman Lina Khan, before voting to repeal the policy. "Congress has instructed the Commission to identify and combat unfair competitive practices, even if they do not violate the Sherman Act," she added, referring to one of the fundamental US anti-competitive practices.
Republicans on the committee argued that repealing would create uncertainty about what behaviors are acceptable to limit innovation and entrepreneurship.