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FTC Shift In Compulsory Process Lends Staff More Clout

Mintz Antitrust Co-chair Bruce Sokler and Antitrust Special Counsel Evelyn French co-authored an article republished by Law360 discussing the recent Federal Trade Commission (FTC) vote to authorize two new omnibus resolutions permitting compulsory process and to revise a third. The authors summarized, "The three compulsory process resolutions concern: (1) collusive practices; (2) the car rental industry, and (3) mergers, acquisitions, and transactions... The last category was approved by an omnibus resolution last year and was updated by this recent vote... The FTC uses the compulsory process in its investigations through the issuance of demands for documents and testimony via civil investigative demands or subpoenas... The FTC Act authorizes the commission to use compulsory process, which requires the recipient to produce information, and these orders are enforceable by courts."