By Sean Gates (January 24, 2022, 6:16 PM EST) – A battle is brewing at the Federal Trade Commission. And the outcome could affect businesses from afar.

During two scathing dissents, FTC Chairman Lina Khan reiterated the commission’s intention to issue rules defining methods of unfair competition under Section 5 of the FTC Act. It has never been done.

Some say the FTC has no authority to do so. And there are fierce debates about the wisdom of using rulemaking for this task.

One aspect of the debates, however, is a blast from the past.

According to the committee’s recent statement on regulatory priorities, rule-making is necessary because “on a case-by-case basis…

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