Deep Dive Episode 204 – The FTC in the Current Administration: Buckle Your Seatbelts
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
The last few months have seen significant changes at the Federal Trade Commission. The new FTC has set an ambitious agenda that revives the agency, propelling it in directions we haven’t previously seen. The FTC is poised to engage in wide-ranging antitrust and consumer protection investigations, issue industry-wide rules, and blend antitrust and consumer missions for a better outcome.
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Partner, Arnold & Porter
Debbie Feinstein heads the firm's Global Antitrust group, and brings a wealth of experience to her practice in advising clients on a range of antitrust challenges before US antitrust authorities. She recently re-joined the firm from the US Federal Trade Commission (FTC), where she was Director of the Bureau of Competition. In that capacity, she was responsible for supervising the investigation and enforcement of the US antitrust laws against anticompetitive mergers and conduct. During her tenure from 2013 to 2017, the FTC had substantial litigation success and a number of major merger wins, including challenges to Sysco Corp.'s acquisition of rival US Foods Inc., and Staples Inc.'s merger with Office Depot Inc. She had previously served at the FTC from 1989 to 1991 as Assistant to the Director of the Bureau of Competition and Attorney Advisor.
Distinguished Fellow, Institute for Technology Law & Policy, Georgetown Law
Jessica Rich, former Director of the FTC’s Bureau of Consumer Protection, spent more than two and a half decades battling deceptive and fraudulent business practices at the Federal Trade Commission. She is widely recognized as one of the most knowledgeable and well-respected consumer champions in the United States. Rich led the expansion of the FTC’s expertise in technology through the creation of the Office of Technology Research and Investigations (OTech). She also oversaw the development of influential FTC policy reports, including reports on the Internet of Things, Big Data, data brokers, mobile apps, and cross-device tracking.
Most recently, Rich served as the Vice President of Consumer Policy and Mobilization at Consumer Reports, where she led the organization's efforts to address the most urgent threats and pain points consumers face today, such as data privacy and security, health care costs, food safety, corporate accountability, and fairness and transparency in financial markets. She is a graduate of New York University Law School (1987) and Harvard University (1983).
Rich’s work at the Institute includes writing in her areas of expertise, participating in policy convenings, and serving as a resource to the Georgetown Law community.
Partner, Gibson, Dunn & Crutcher, LLP
Svetlana S. Gans is a partner in the Washington, D.C. office of Gibson, Dunn & Crutcher, LLP where she helps clients navigate complex consumer protection, privacy, and competition related regulatory proceedings before the U.S. Federal Trade Commission (FTC), , U.S. Department of Justice Antitrust Division, State Attorneys General and other enforcement bodies. Ms. Gans also assists on litigation matters and provides strategic counseling and advice related to public policy issues.
Before joining Gibson Dunn, she served as the Vice President & Associate General Counsel at NCTA, the Internet & Television Association, where she helped lead the association’s consumer protection and competition policy work. Prior to joining NCTA, Ms. Gans served with distinction as Chief of Staff to Acting Chairman Maureen K. Ohlhausen at the FTC. As the agency chief of staff, Ms. Gans managed and oversaw agency operations, including bureau and office heads reporting to the Chairman, a seven-member office staff, and an agency budget of over $300 million. She also served as the Acting Chairman’s key advisor on consumer protection and competition investigations and litigation, working with a diverse team of attorneys and economists to preserve competition and protect U.S. consumers. She created, executed, and oversaw several strategic initiatives for the agency, including the agency process reform, regulatory reform, and data security transparency initiatives. Previously, Ms. Gans had the unique experience of serving in both litigating bureaus of the FTC: the Bureau of Competition and the Bureau of Consumer Protection.
Prior to her time in government, Ms. Gans worked as an antitrust associate at major law firms. Her practice focused on defending consumer product, financial services, and trade association clients in regulatory and private investigations alleging conspiracy and violations of antitrust and consumer protection laws.
Ms. Gans has been an active leader in the ABA Antitrust Law Section (“Section”) for two decades, and currently serves as the Section’s Marketing Officer. Ms. Gans helped create the Section’s Young Lawyer Representative Program, now in its 10th year, and the Section’s Law Ambassador Program, each aimed at developing and promoting the next generation of consumer protection and competition attorneys. Ms. Gans is also active in the Federal Communications Bar Association, currently serving as Co-Chair of the Diversity Pipeline Initiative and the Women’s Leadership Committee.
Ms. Gans received her law degree with high honors from the University of Denver College of Law. During law school, Ms. Gans served as a Judicial Intern to the Honorable John L. Kane, Jr. and as an Honors Program Paralegal for the United States Department of Justice Antitrust Division, Merger Taskforce. Ms. Gans earned her undergraduate degree cum laude from Boston University.
Chief Counsel for the Administrative State, Regulatory Reform, and Antitrust, House Committee on the Judiciary
Adam Cella is currently the Chief Counsel for the Administrative State, Regulatory Reform, and Antitrust at the House Committee on the Judiciary. Formerly, he was an attorney-advisor at the U.S. Federal Trade Commission. Prior to joining the FTC, he was an associate at Axinn, Veltrop & Harkrider LLP.