Federalist Society Event: Is FTC Administrative Litigation Constitutional

The Federalist Society hosted a webinar titled "Is FTC Administrative Litigation Constitutional?" on December 16, 2024, at 12:00 PM EST. This event was organized by the Federalist Society's Corporations, Securities, & Antitrust Practice Group.

The webinar addressed the constitutionality and fairness of the Federal Trade Commission's (FTC) administrative litigation process, particularly in light of recent cases such as Axon and Jarkesy. Discussions focused on issues like the President's inability to remove Administrative Law Judges and FTC Commissioners, and the dual role of FTC Commissioners in both issuing complaints and deciding their merits. Comparisons were made to the Department of Justice's Antitrust Division, where cases are presented directly before Article III judges, bypassing administrative litigation.

The panel featured distinguished experts including Maureen Ohlhausen, former FTC Acting Chairman and Partner at Wilson Sonsini; Jennifer Milici, Partner at WilmerHale; Matthew S. Rozen, Partner at Gibson, Dunn & Crutcher, LLP; James Weingarten, Partner at Milbank; and Keith Klovers, Counsel at Latham & Watkins, LLP. The discussion was moderated by Svetlana Gans, Partner at Gibson, Dunn & Crutcher, LLP. The panelists explored potential constitutional challenges to the FTC's administrative litigation, the possibility of Congressional reforms, and whether internal process changes could ensure a fairer process.

This event was particularly relevant for legal professionals, policymakers, and scholars interested in antitrust law, administrative law, and the structure of federal agencies. Attendees gained insights into the ongoing debates surrounding the FTC's administrative processes and the broader implications for the administrative state.