As the FTC approaches its 100^th anniversary, we embark on a mission to ensure that the agency will continue its valuable work into its second century.  As part of this process, we are engaging in a self-assessment to help us understand how well the FTC currently is fulfilling the destiny that Congress foresaw in 1914, what steps it can take to improve, and what type of institution it should aspire to be in the future.  Broadly, this self-assessment will focus on six questions:

1.                       How well is the FTC carrying out its responsibilities, and by what criteria should we assess our work?

2.                      What techniques should the FTC use to measure the agency’s success?

3.                      What resources will the FTC need to perform its duties in the future?

4.                      What methods should the FTC use to select its strategy for exercising its powers?

5.                       How can the FTC strengthen its processes for implementing its programs?

6.                       How can the FTC better fulfill its duties by improving links with other government bodies and nongovernmental organizations?

An important component of this self-assessment is engaging in external consultations with a broad array of thoughtful observers of competition and consumer protection law and policy in general and the FTC in particular.  We hope that this online forum will offer all of you an opportunity to provide your insights into the various issues surrounding our self-evaluation and will stimulate a vibrant online dialogue.

            We have organized this online forum into four virtual discussion groups: (1) The FTC’s mission, structure, and resources; (2) The effectiveness of the FTC’s competition mission; (3) The effectiveness of the FTC’s consumer protection mission; and (4) the FTC’s external relations.  To begin the online dialogues, we have posted a set of broad introductory questions in each of these discussion groups, and we anticipate providing follow-on topics as the conversation evolves.  We invite you to post comments on as many or as few as these introductory questions as you would like, or to propose new discussion themes.  We also hope that you will respond to other participants’ comments. 

I want to thank each of you for taking the time to assist us in this task.  We look forward to your comments!

This discussion group will focus on the FTC’s mission, examining the extent to which the current FTC structure and resources aid or hinder pursuit of this mission.  Areas of discussion include but are not limited to:

1.                  Does the FTC have a clearly defined mission?
2.             What should dictate the agency’s strategic planning?  Top-down planning through the budget process?  Chairman-driven planning?  Bottom-up planning through issues originating with bureau management or staff? 
3.             Does the FTC effectively use its unique capabilities, resources, or authority?  How could it improve their use?
4.             Could the competition and consumer protection missions be better harmonized? 
5.             How does the current bureau structure compare to other structures, such as integrated teams by industry (as previously used by the UK’s Office of Fair Trading), or  ad hoc teams (as are often used within the FTC on reports and advocacies)?
6.             Is there sufficient continuity of leadership at different levels of the agency?  If not, how does this affect the FTC’s performance and what are some possible remedies?

This discussion group will focus on the FTC’s competition mission, examining the agency’s deployment of resources, as well as its performance, in pursuit of this mission.  Areas of discussion include but certainly are not limited to:

1.            What tools should the agency use for case generation? What priorities should the agency follow when selecting its competition cases: by industry, amount of consumer harm/redress, deterrence value, precedential impact?
2.             Does the agency provide appropriate guidance to industry and others subject to its jurisdiction?  What is the proper role of industry self-regulation?
3.                 What is the most effective means for forming competition policy: a centralized top-down manner or a more decentralized bottom-up approach?  Should there be specific procedures or protocols in place to develop and implement policy?  Does the current FTC structure tend to facilitate one type of decision making?
4.             How can the FTC make optimal use of its mix of enforcement and other tools, including research, advocacy, and consumer and business education?  How should resources be allocated between enforcement and other tools to promote competition?
5.             How can one assess the costs and benefits of the agency’s efforts in the competition area? What should we measure to determine the welfare effects of FTC enforcement and non-enforcement actions?

This discussion group will focus on the FTC’s consumer protection mission, examining the agency’s deployment of resources, as well as its performance, in pursuit of this mission.  Areas of discussion include but are not limited to:

1.                What priorities should the agency follow when selecting its consumer protection cases: by industry, amount of consumer harm/redress, deterrence value, precedential impact?
2.                What is the proper use of rulemaking authority?    What is the proper role of industry self-regulation?
3.                What is the most effective means for forming consumer protection policy: in a centralized top-down manner or a more decentralized bottom-up approach?  Should there be specific procedures or protocols in place to develop and implement policy?  Does the current structure tend to facilitate one type of decision making?
4.                 How can the FTC make optimal use of its mix of enforcement and other tools, including, research, advocacy, and consumer and business education?  How should resources be allocated between enforcement and other tools to promote consumers protection concerns?
5.                 How can one assess the costs and benefits of the agency’s efforts in the consumer protection area?  What should we measure to determine the welfare effects of FTC enforcement and non-enforcement actions?

The fourth topic that we would like to focus on is the FTC’s external relationships, examining the agency’s interactions with its various constituencies and its effectiveness in promoting sound competition and consumer protection policies.  Areas of discussion include but are not limited to:

1.                 To which constituencies should the FTC be primarily responsible? Congress?  The Executive?  The public?  Does this differ by mission? How effective is the FTC in responding to these constituencies’ demands?
2.                  How does the FTC communicate its goals and outcomes to its constituencies and how does it collect information from its constituencies?  Does the appropriate method of communication vary by constituency?
3.                  Does the agency provide appropriate guidance to industry and others subject to its jurisdiction?  When should consumer and business education be used?  Does the agency effectively use such education to prevent unlawful conduct – by educating consumers to avoid harm caused by such conduct and businesses to act within the law? 
4.                 To what extent do solid relationships with other federal, state, and international entities advance the FTC’s missions?  How can those relationships be improved?