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Douglas Ross

Douglas Ross is a Professor from Practice at the University of Washington School of Law, where he teaches antitrust, administrative Law, and health law courses. He started his career at the U.S. Department of Justice’s Antitrust Division before moving to Seattle and entering private practice at Davis Wright Tremaine LLP. He focused on antitrust and health care at the firm before transitioning to academia.
Antitrust and Competition

How Loper Bright and the End to the Chevron Doctrine Impact the FTC

Douglas Ross
Douglas Ross writes that for most of its history, the Federal Trade Commission did not rely on the Chevron doctrine to enforce its mandate to prohibit “unfair methods of competition” and “unfair or deceptive acts or practices.” Thus, Loper Bright will not significantly alter the FTC’s historical role in regulating competition. However, the Chevron doctrine could have been a useful ally to the current FTC, which under Chair Lina Khan has pursued more ambitious rulemaking, such as to ban noncompete clauses. Without the Chevron doctrine, the FTC will face a more arduous path to defending its new rules as they are challenged in the courts.

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The publication of the Stigler Center at The University of Chicago Booth School of Business

ProMarket is dedicated to discussing how competition tends to be subverted by special interests. The posts represent the opinions of their writers, not necessarily those of the University of Chicago, the Booth School of Business, or its faculty. For more information, please visit ProMarket Policy.