04.2017

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General News

Janis Kestenbaum was quoted in the Communications Daily article, "Ohlhausen's FTC Process Changes Praised, But Some Future Alterations Tougher, Say Experts," regarding the reaction to FTC acting Chairman Maureen Ohlhausen's announcement of changes underway to simplify agency processes and enhance transparency.

Janis Kestenbaum, a former senior aide to former FTC Chairwoman Edith Ramirez, told us businesses would like to see more clarity and transparency in the investigative process. But Kestenbaum said they would "extremely welcome" reconsideration of 20-year consent decrees, which often shock companies. A House Republican proposal last year sought to cut down consent orders to eight years in many cases, but Ramirez at a hearing resisted that idea.

Kestenbaum said the current two commissioners, including Terrell McSweeny, a Democrat, could agree on a case-by-case basis to impose shorter time frames on orders or they can change the 20-year default rule, which was adopted about three decades ago. Kestenbaum said this revision may get support once the three empty commission seats are filled, giving Republicans a majority. She also approved Ohlhausen's other changes, such as streamlining demands for information from companies during investigations, an "expensive and extensive" proposition. The message is that FTC staff has to be "cognizant" of such burdens, she said.