Update: Chair Cantwell Introduces S. 4145, A One-Sided 13(b) Fix

We described draft legislation circulating in the Senate Commerce Committee that would have given the Federal Trade Commission almost unfettered authority to enjoin permanently any act, practice or method of competition that did not meet its approval. All the Commission would need to do is show that a reasonable person had fair notice that the conduct ​“could” violate the FTC Act.

Senator Cantwell has now introduced the bill and it’s more one-sided today than it was in draft form. The need to show fair notice of even a possible violation is gone.