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FTC’s Khan acknowledges US Supreme Court wary of regulatory overreach, says new Section 5 statement clarifies powers

By Michael Acton ( November 10, 2022, 12:00 GMT | Insight) -- Federal Trade Commission staff are looking closely at the US Supreme Court’s decision in West Virginia v. Environmental Protection Agency, which curbed the power of the US environmental regulator, and the agency is being careful to make sure it’s in compliance with legal precedents in its revival of its Section 5 rulemaking authority, Chair Lina Khan said. Responding to a question from MLex at an embargoed press briefing yesterday, Khan acknowledged the significance of the ruling but said today’s policy statement in fact restores the FTC to the original mandate set out by Congress, rather than the enforcer "picking and choosing" the provisions it does or doesn’t like in the FTC Act. Federal Trade Commission staff are looking closely at the US Supreme Court’s decision in West Virginia v. Environmental Protection Agency, which curbed the power of the US environmental regulator, and the agency is being careful to make sure it’s in compliance with legal precedents in its revival of its Section 5 rulemaking authority, Chair Lina Khan said....

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