RILA Strategy on Pending FTC Matters

By [ Deborah White , Michael Hanson ]
01/18/2023

Four matters are currently pending before the Federal Trade Commission (FTC) that can have a significant impact on different facets of retail operations. Moreover, the legal authority and ramifications of each varies. Accordingly, RILA has put together a program to ensure both internal coordination in our advocacy for each of these matters, as well as comprehensive outreach to our membership to ensure that executives from all impacted disciplines have an opportunity to weigh in. Below are the matters and staff leads – reach out to any of us to get involved in these major issues.

FTC Proposed “Non-Compete Clause Rule”
- The FTC has proposed to use its limited authority to promulgate a very broad rule that would deem non-compete clauses to be an “unfair method of competition” subject to enforcement.
- Staff Lead: Kathleen McGuigan, EVP & Deputy General Counsel

Consent Decree on Mastercard Tokenization Violations
- The FTC has requested comments on a consent decree with Mastercard that orders Mastercard to end its “illegal business tactics” of tokenization that block merchants’ use of competing debit networks.
- Staff Lead: Austen Jensen, EVP, Government Affairs

Request for Comments on Green Guides
- The FTC has requested comments on whether to rescind, modify and/or update its “Green Guides,” which provide federal guidance on environmental marketing terms.
- Staff Lead: Susan Kirsch, VP, Regulatory Affairs

“INFORM Consumers Act” Implementation
- The INFORM Consumers Act provides the FTC with enforcement powers and rulemaking authority to ensure that online marketplaces and high-voume sellers implement the measures required by law.
- Staff Lead: Michael Hanson, Sr EVP, Public Affairs