The Responsibilities and Authority of the Federal Trade Commission
Dennis AuBuchon
November 30, 2009
The Federal Trade Commission (FTC) was created by the Federal Trade Commission Act of 1914. It is a bipartisan body of five members appointed by the President by and with the advice and consent of the Senate for a term of seven years. Not more than three of the commissioners shall be of the same political party. This limitation is the same one in place for the Federal Communications Commission. The mission of the FTC is to protect consumers from fraudulent or deceptive claims that mislead consumers, and from harmful business practices that undermine the competitive process. I strongly support the mission of this department of the federal government.
The FTC has a wide range of responsibilities associated with doing business and any law that is applicable to the way business is conducted has involvement with this commission. The structure of the FTC includes the following offices
Office of Public Affairs - provides information to the public through the media. It issues news releases on all significant Commission actions, responds to reporters' inquiries and arranges television, radio, and print interviews for FTC officials.
Office of Congressional Relations - works closely with members of Congress and their staffs. The office informs Commissioners and FTC staff of Capitol Hill issues and policies and helps provide information on legislation of interest to the Commission. It also coordinates the preparation of both Congressional testimony and responses to Congressional inquiries concerning FTC policies and programs.
Office of the Executive Director – The chief operating officer and manager who is responsible for such things as administrative services, financial management, procurement, human resources management, information and technology management in addition to the overall FTC program and policy execution. The Executive Director directs the agency's reauthorization and appropriations efforts, and works closely with the bureaus on strategic planning and assessing the management and resource implications of any proposed action.
Office of the General Counsel - is the FTC's chief legal officer and adviser. The Office's major functions are representing the Commission in court and providing legal counsel to the Commission,
Office of International Affairs - The FTC works with competition and consumer protection agencies around the world to promote cooperation and convergence toward best practices.
Office of the Secretary - is the Commission's "court clerk"; responsible for implementing the Commission's voting procedures, creating official records of its decisions, receiving and serving Commission orders and other official documents, and coordinating the preparation of responses to congressional constituent inquiries.
Office of Administrative Law Judges - The Office of Administrative Law Judges adjudicates litigation brought by the Bureaus. The administrative law judges issue orders resolving pretrial litigation, conduct administrative hearings, and issue Initial Decisions.
Office of Policy Planning - assists the Commission to develop and implement long-range competition and consumer protection policy initiatives and advises staff on cases raising new or complex policy and legal issues.
Office of Inspector General - acts as the "agency cop" and as such is responsible for the detection and prevention of waste, fraud and abuse in agency programs. The Inspector General conducts audits and investigates allegations of wrongdoing within the agency. Persons aware of any staff misconduct are encouraged to call the Office of Inspector General at 202-326-2800.
Bureau of Competition - The FTC's antitrust arm which seeks to prevent anticompetitive mergers and other anticompetitive business practices in the marketplace. By protecting competition, the Bureau promotes consumers' freedom to choose goods and services in an open marketplace at a price and quality that fit their needs - and fosters opportunity for businesses by ensuring a level playing field among competitors.
Bureau of Economics – This bureau helps the FTC evaluate the economic impact of its actions. To do so, the Bureau provides economic analysis and support to antitrust and consumer protection investigations and rulemakings. It also analyzes the impact of government regulation on competition and consumers and provides Congress, the Executive Branch and the public with economic analysis of market processes as they relate to antitrust, consumer protection, and regulation.
Bureau of Consumer Protection - mandate is to protect consumers against unfair, deceptive or fraudulent practices. The Bureau enforces a variety of consumer protection laws enacted by Congress, as well as trade regulation rules issued by the Commission. Its actions include individual company and industry-wide investigations, administrative and federal court litigation, rulemaking proceedings, and consumer and business education. In addition, the Bureau contributes to the Commission's on-going efforts to inform Congress and other government entities of the impact that proposed actions could have on consumers.
Regional Offices - The Regional Offices cover seven geographic areas. The regional offices work with the Bureaus of Competition and Consumer Protection to conduct investigations and litigation, provide advice to state and local officials on the competitive implications of proposed actions, recommend cases, provide local outreach services to consumers and businesspersons, and coordinate activities with local, state, and regional authorities. FTC regional offices frequently sponsor conferences for small businesses, local authorities, and consumer groups.
The above list serves to establish the various responsibilities of this commission. It is important that limitations exist to help provide some bi-partisan environment in its operation by limiting how many can serve from one political party. The responsibilities of this commission and the offices listed are important in and of themselves. They each have distinct responsibilities and authority which help this commission function to accomplish the mission entrusted to it. One of the offices identified above as part of this commission was a surprise but in actuality should not have been. This office involves international affairs which deal with competition and consumer protection agencies around the world to promote cooperation and convergence toward best practices.
The economy of today is a world economy and it is important to have an agency of this nature to communicate with other countries around the world. There is always going to be competition from country to country and business to business but the field needs to be one that is fair to all parties. A commission of this type is important to work to provide fair competition for all between countries. Many businesses today operate globally and completion is something that benefits all consumers of products sold throughout the world. Each country has their own special products that exhibit their talents and expertise and each has a right to have fair competition. This commission helps to promote that environment. While it may not always achieve this with every country it is beneficial for our businesses to have this commission in place.
Many countries today are developing and as they do new markets will open up for products that are not now available. Competition is good for any business as it creates a need to make their products better than their competitors. The potential for the increase in demand for products in developing countries is aided by commissions such as this. It is also important to point to other countries the efforts of this commission. Protecting consumers worldwide from fraudulent or deceptive claims that mislead consumers and from harmful business practices that undermine the competitive process benefits everyone.
The FTC has a wide range of responsibilities associated with doing business and any law that is applicable to the way business is conducted has involvement with this commission. The structure of the FTC includes the following offices
Office of Public Affairs - provides information to the public through the media. It issues news releases on all significant Commission actions, responds to reporters' inquiries and arranges television, radio, and print interviews for FTC officials.
Office of Congressional Relations - works closely with members of Congress and their staffs. The office informs Commissioners and FTC staff of Capitol Hill issues and policies and helps provide information on legislation of interest to the Commission. It also coordinates the preparation of both Congressional testimony and responses to Congressional inquiries concerning FTC policies and programs.
Office of the Executive Director – The chief operating officer and manager who is responsible for such things as administrative services, financial management, procurement, human resources management, information and technology management in addition to the overall FTC program and policy execution. The Executive Director directs the agency's reauthorization and appropriations efforts, and works closely with the bureaus on strategic planning and assessing the management and resource implications of any proposed action.
Office of the General Counsel - is the FTC's chief legal officer and adviser. The Office's major functions are representing the Commission in court and providing legal counsel to the Commission,
Office of International Affairs - The FTC works with competition and consumer protection agencies around the world to promote cooperation and convergence toward best practices.
Office of the Secretary - is the Commission's "court clerk"; responsible for implementing the Commission's voting procedures, creating official records of its decisions, receiving and serving Commission orders and other official documents, and coordinating the preparation of responses to congressional constituent inquiries.
Office of Administrative Law Judges - The Office of Administrative Law Judges adjudicates litigation brought by the Bureaus. The administrative law judges issue orders resolving pretrial litigation, conduct administrative hearings, and issue Initial Decisions.
Office of Policy Planning - assists the Commission to develop and implement long-range competition and consumer protection policy initiatives and advises staff on cases raising new or complex policy and legal issues.
Office of Inspector General - acts as the "agency cop" and as such is responsible for the detection and prevention of waste, fraud and abuse in agency programs. The Inspector General conducts audits and investigates allegations of wrongdoing within the agency. Persons aware of any staff misconduct are encouraged to call the Office of Inspector General at 202-326-2800.
Bureau of Competition - The FTC's antitrust arm which seeks to prevent anticompetitive mergers and other anticompetitive business practices in the marketplace. By protecting competition, the Bureau promotes consumers' freedom to choose goods and services in an open marketplace at a price and quality that fit their needs - and fosters opportunity for businesses by ensuring a level playing field among competitors.
Bureau of Economics – This bureau helps the FTC evaluate the economic impact of its actions. To do so, the Bureau provides economic analysis and support to antitrust and consumer protection investigations and rulemakings. It also analyzes the impact of government regulation on competition and consumers and provides Congress, the Executive Branch and the public with economic analysis of market processes as they relate to antitrust, consumer protection, and regulation.
Bureau of Consumer Protection - mandate is to protect consumers against unfair, deceptive or fraudulent practices. The Bureau enforces a variety of consumer protection laws enacted by Congress, as well as trade regulation rules issued by the Commission. Its actions include individual company and industry-wide investigations, administrative and federal court litigation, rulemaking proceedings, and consumer and business education. In addition, the Bureau contributes to the Commission's on-going efforts to inform Congress and other government entities of the impact that proposed actions could have on consumers.
Regional Offices - The Regional Offices cover seven geographic areas. The regional offices work with the Bureaus of Competition and Consumer Protection to conduct investigations and litigation, provide advice to state and local officials on the competitive implications of proposed actions, recommend cases, provide local outreach services to consumers and businesspersons, and coordinate activities with local, state, and regional authorities. FTC regional offices frequently sponsor conferences for small businesses, local authorities, and consumer groups.
The above list serves to establish the various responsibilities of this commission. It is important that limitations exist to help provide some bi-partisan environment in its operation by limiting how many can serve from one political party. The responsibilities of this commission and the offices listed are important in and of themselves. They each have distinct responsibilities and authority which help this commission function to accomplish the mission entrusted to it. One of the offices identified above as part of this commission was a surprise but in actuality should not have been. This office involves international affairs which deal with competition and consumer protection agencies around the world to promote cooperation and convergence toward best practices.
The economy of today is a world economy and it is important to have an agency of this nature to communicate with other countries around the world. There is always going to be competition from country to country and business to business but the field needs to be one that is fair to all parties. A commission of this type is important to work to provide fair competition for all between countries. Many businesses today operate globally and completion is something that benefits all consumers of products sold throughout the world. Each country has their own special products that exhibit their talents and expertise and each has a right to have fair competition. This commission helps to promote that environment. While it may not always achieve this with every country it is beneficial for our businesses to have this commission in place.
Many countries today are developing and as they do new markets will open up for products that are not now available. Competition is good for any business as it creates a need to make their products better than their competitors. The potential for the increase in demand for products in developing countries is aided by commissions such as this. It is also important to point to other countries the efforts of this commission. Protecting consumers worldwide from fraudulent or deceptive claims that mislead consumers and from harmful business practices that undermine the competitive process benefits everyone.
Print
Email
