Open for Comment

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Matters Open for Comment

Below is a listing of matters for which the Commission is currently accepting public comments. Matters are listed in chronological order by comment submission deadline.

FTC Staff Study: Certificates of Public Advantage (COPA) Assessment

FTC staff requests public comment to enhance its ongoing study of the impact of COPA on prices, quality, access, and innovation for healthcare services. Staff encourages empirical research by academics and healthcare industry stakeholders regarding these topics, as well as suggestions regarding potential case studies and data sources.

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Comments Due: Open Until Further Notice

Hearing #4 On Competition and Consumer Protection in the 21st Century - October 23-24 at FTC Constitution Center

The Commission is seeking comments for Hearing #4 On Competition and Consumer Protection in the 21st Century - Oct. 23-24 at the FTC’s Constitution Center on the following topics:

  1. Is there a role for the government in advancing or supporting innovation?
  2. What is the importance of intellectual property – all forms – in advancing, protecting, and supporting innovation? Does it differ because of industry-specific or other market-based factors, or because of the form of intellectual property?
  3. How does modern economic analysis and empirical literature view the relationship between intellectual property and innovation, and the role of government in advancing and supporting innovation? Are there differences that depend on the type of intellectual property, and the protections offered for that intellectual property?
  4. How can the FTC use its enforcement and policy authority to advance innovation? What factors should the FTC consider in attempting to achieve this objective?
  5. What are emerging trends in patent quality and litigation issues? Should these trends influence the FTC’s enforcement and policy agenda?
  6. How should the current status of copyright law and current business practices influence the FTC’s enforcement and policy agenda?

Comments Due: December 21, 2018

Hearing #5 On Competition and Consumer Protection in the 21st Century - November 1 at Georgetown University Law Center

The Commission is seeking comments for Hearing #5 On Competition and Consumer Protection in the 21st Century - Nov. 1 at the Georgetown University law Center on the following topics:

  1. Should the U.S. antitrust agencies publish Vertical Merger Guidelines? What guidance should they provide regarding the assessment of the competitive effects of vertical mergers, including the substantive theories of competitive harm and the treatment of transaction-related efficiencies? Under what conditions, if any, should the guidelines recognize a presumption of anticompetitive harm? What showing should be required to overcome such a presumption? Under what circumstances, if any, should behavioral remedies be accepted to remedy the likely anticompetitive effects of vertical mergers?
  2. Is the “consumer welfare standard” the appropriate standard for evaluating compliance with the antitrust laws? What are alternative frameworks with which to evaluate compliance with the antitrust laws? What are their strengths and weaknesses? Is there empirical support for preferring one standard instead of another standard?

Comments Due: December 31, 2018 (end of comment period)

16 CFR Part 609: Military Credit Monitoring Rule; Notice of Proposed Rulemaking; Request for Public Comment

The FTC is seeking public comments on a proposed rule to implement a 2018 law requiring the nationwide consumer reporting agencies to provide free electronic credit monitoring services for active duty military consumers.

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Comments Due: January 7, 2019

16 CFR Part 681: Identity Theft Rules; Request for Public Comment

The FTC is seeking public comments on whether the agency should make changes to rules requiring that financial institutions and creditors take certain steps to detect signs of identity theft affecting their customers.

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Comments Due: February 11, 2019

16 CFR Part 305: Energy Labeling Rule; Notice of Proposed Rulemaking; Request for Public Comment

The Federal Trade Commission has approved a Federal Register notice seeking comments on proposed non-substantive changes to the Energy Labeling Rule. The changes improve the Rule’s organization, eliminate obsolete provisions, and generally make it easier to use.

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Comments Due: February 19, 2019