Preface

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PREFACE

The FTC Practice and Procedure Manual is intended to provide a

“how-to” guide for lawyers and parties involved in both competition and

consumer protection matters before the Federal Trade Commission

(FTC). Its primary focus is on procedural matters rather than substantive

antitrust or consumer protection law. This book outlines the FTC’s

statutory authority, with a particular focus on how Section 5 of the FTC

Act impacts the agency’s competition and consumer protection missions.

It also describes in detail the FTC’s organizational structure and rules,

procedural issues relating to mergers, rules and procedures for

investigations (including confidentiality protections relating to its

enforcement efforts), and the agency’s administrative trial function.

This book is the product of numerous contributors. Gregg H.

Vicinanza conceived of the book and John E. Villafranco and Darren A.

Bowie served, along with Gregg, on the editorial board. Robin L. Moore

ultimately and ably served as editorial chair. Christopher J. Mulligan

served as an assistant editor and took on significant drafting and editing

responsibilities. Neeta S. Saran also provided valuable editorial

assistance.

The ABA Section of Antitrust Law also would like to thank the

drafting team, which included Erika M. Brown-Lee, Paul C. Cuomo,

William Diaz, Joel R. Grosberg, August Horvath, W. David Hubbard,

Mona Jabbour, Helena Joly, Tulasi A. Leonard, Charlotte Manning,

Erica S. Mintzer, Robin L. Moore, David F. Norden, Nancy Parker, Jill

Samuels, Aaron Singer, Darren S. Tucker, Jennifer M. Vasta, Jennifer A.

Walker, and Marc Winerman.

Stephen Calkins and Bernard A. Nigro, Jr. read the entire manuscript

at least once, and provided substantial improvements. David A. Balto,

William Blumenthal, Donald S. Clark, Richard Cunningham, Laura J.

DeMartino, Michael H. Knight, Sarah M. Mathias, Thomas B. Pahl, John

H. Seesel, Matthew J. Reilly, and Casey R. Triggs also reviewed

extensive passages. Joseph Angland and Keith D. Shugarman provided

significant guidance and counsel. The diligent and thoughtful comments

of these individuals improved the book greatly.

Ty Carson, Eva Gunasekera, Erica C. Smilevski, Tejasvi M.

Srimushnam, Ryan C. Tisch, and Mark Whitburn provided first-rate

support, and cite-checked the sizeable sections of the manuscript. John

Fallahay copy edited the entire manuscript. John-Karl Higgins provided