Former Official Blasts FTC’s Enforcement Process

Washington attorney David Balto, an antitrust defense attorney formerly with the Federal Trade Commission, argues that the FTC’s enforcement protocol is deeply flawed. He cites its high reversal rate before appellate courts – 20 percent compared to an average of five percent for district court appeals – to make the case that the Commission’s role as both prosecutor and final decision maker in administrative litigation  is unfair. (“The pitcher is also the umpire – and is always calling strikes.”) A recent case, he says, with a divided Commission decision and a powerful dissent, is a sign things are changing.