As the nation’s top consumer protection agency, the Federal Trade Commission (FTC) has played a key role in the regulation of online platforms. This essay, originally delivered as the David Nelson Keynote, reviews how the FTC has adapted its century-old consumer protection and antitrust mandate to the digital world and what it must do to keep pace with increasingly powerful platforms. It examines the benefits and drawbacks of relying solely on the FTC’s harm-focused, enforcement-based framework to address increasingly powerful technology and proposes updates to the FTC that will help it continue to be an effective consumer protection enforcement agency for the digital age.
FTC 2.0: KEEPING PACE WITH ONLINE
32 Berkeley Tech. L.J. 1027