If FCC repeals net neutrality, FTC won't leave users unprotected

[Commentary] The Federal Trade Commission can challenge harmful non-neutral practices on a case-by-case basis under its antitrust authority and under its consumer protection authority. These complementary tools ensure that consumers can effectively pursue their many, varying market preferences, including preferences for values of openness and free expression online.

First, the FTC’s antitrust tools protect the competitive process, which motivates companies to deliver what consumers want. Second, the FTC uses its consumer protection authority to ensure that consumers get the benefit of the bargain they strike. This two-pronged competition and consumer protection enforcement approach is case-by-case. We evaluate each practice to see if it actually harms consumers. Such an approach has advantages over prescriptive regulation, which prejudges, in the abstract, entire categories of business practices. In dynamic, fast-changing industries, case-by-case enforcement better protects consumers and promotes innovation because it focuses agency resources on actual consumer injury and doesn’t require regulators to predict the future.

[Maureen K. Ohlhausen is acting chairman of the Federal Trade Commission.]