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Our Curious Amalgam

An Agency in Peril? The Implications of Axon, Louisiana Children’s Medical Center, and Other Challenges to the FTC’s Power

Jeny M Maier and Melissa H. Maxman

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The current administration and leadership at the FTC, helmed by Chair Lina Khan, have been vocal about their desire to expand antitrust and consumer protection enforcement and to use all the tools in their enforcement and regulatory toolkit to address harms that they see as taking place across the economy. But are these new initiatives consistent with constitutional and administrative law principles? Matt Tabas, an experienced antitrust practitioner and former FTC attorney, joins Jeny Maier and Melissa Maxman to offer an overview of the challenges that the FTC is facing while it is seeking to flex its enforcement muscles. Listen to this episode to learn more about these threats to the FTC and how courts are likely to address them.