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575 points gausswho | 1 comments | | HN request time: 0.216s | source
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bpodgursky ◴[] No.44505969[source]
From a different article [1]:

> But the U.S. Court of Appeals for the Eighth Circuit said the FTC erred in its rulemaking process by failing to produce a preliminary regulatory analysis, a statutory requirement for rules whose annual effect on the national economy would exceed $100 million.

> The FTC had argued that it was not required to prepare the preliminary analysis because its initial estimate of the rule’s impact on the national economy was under the $100 million threshold — even though ultimately the presiding officer determined the impact exceeded the threshold.

This is a case where congress really did pass a concrete law, and the court is requiring the FTC to follow it. Sucks that a reasonable rule is getting voided for the sloppiness but I really don't think the courts are indefensibly out of line.

[1] https://thehill.com/policy/technology/5390731-appeals-court-...

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hamilyon2 ◴[] No.44508133[source]
I am not getting it. The rule makes competition in markets higher. Because dollars flow to best offers faster. And thus improve economic situation, not only in markets affected by rule, but also on all other markets, in case customer wants to take his money elsewhere.

And on international scale, because more competitive companies presumably out-compete foreign competitors.

So, FTC needs some permission and review to make national economy money?

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1. sokoloff ◴[] No.44508586[source]
The FTC was not given unlimited rule-making power by Congress, and has to live within the power granted to them.

Issuing an NPRM (Notice of Proposed Rulemaking) and conducting a regulatory analysis for certain rules are examples of such limits. The FTC did not follow the second (as was required) in this case.

Whether I happen to agree with the change they enacted (I do) doesn’t change the fact that I want my government agencies to follow the rules laid out for them. Because as surely as the sun rises in the east, sooner or later they’ll propose a rule I don’t agree with and I want there to be a lawful process and framework in place then, and therefore also now.