Following the Supreme Court’s landmark decision in Loper Bright Enterprises v. Raimondo, which overruled its prior holding in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Information Technology and Innovation Foundation (ITIF), a leading think tank for science and technology policy, released a statement from Joseph V. Coniglio, Director of Antitrust and Innovation.
"The Supreme Court’s decision to overrule Chevron and its doctrine of interpretative deference to administrative agencies is a blockbuster ruling the significance of which cannot be overstated," said Coniglio. "It will have tremendous consequences not just for administrative law but the entire modern regulatory state."
Coniglio further commented on the implications for progressive movements within administrative agencies during the Biden administration: "Amidst the long march through institutions by progressives to capture the administrative agencies, now during the Biden administration, the Supreme Court has sent a clear signal that courts, not bureaucrats, have the purview to say what the law is."
He noted that this decision is particularly impactful for Chair Lina Khan and supporters of neo-Brandeisian antitrust policies: "The decision is a considerable blow to Chair Lina Khan and the broader neo-Brandeisian antitrust movement. Consistent with their poor record in the courts, the neo-Brandeisians have long held their deepest hopes in the expansion of the FTC’s unfair methods of competition (UMC) powers to challenge behavior beyond the scope of the Sherman and Clayton Acts."
According to Coniglio, as a result of this ruling, "the FTC will not be entitled to required deference regarding its interpretation that in face of ambiguity, the FTC Act bestows upon it UMC rulemaking authority," an issue currently under judicial review. He also mentioned that "the interpretation of unfairness underlying its Section 5 Policy Statement is also wide open for judicial scrutiny when the time comes."
Contact: Sydney Mack, [email protected]
