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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 FEDERAL TRADE COMMISSION 2 3 4 COMPETITION AND CONSUMER PROTECTION 5 IN THE 21ST CENTURY 6 7 8 9 10 11 12 Tuesday, March 26, 2019 13 9:00 a.m. 14 15 16 FTC Headquarters 17 600 Pennsylvania Avenue, NW 18 Washington, D.C. 19 20 21 22 23 24 25 2 First Version Competition and Consumer Protection in the 21st Century 3/26/2019 1 FEDERAL TRADE COMMISSION 2 I N D E X 3 PAGE: 4 Welcome 3 5 6 Introductory Remarks 7 7 8 Implications of Different Legal Traditions 9 and Regimes for International Cooperation 16 10 11 Panel: Implications of Different Legal 12 Traditions and Regimes for International 13 Cooperation 32 14 15 Promoting Sound Polices for the Next Decade 82 16 17 Panel: Promoting Sound Polices for the New 18 Decade 91 19 20 Panel: Effective International Engagement: 21 Foreign Agency Perspectives 145 22 23 The FTC’s Role in a Changing World 203 24 25 Panel: The FTC’s Role in a Changing World 217 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 3 First Version Competition and Consumer Protection in the 21st Century 3/26/2019 1 WELCOME 2 (8:59 a.m.) 3 MS. WOODS BELL: Good morning. Before we 4 start the day, a few nonsubstantive reminders. Please 5 make sure to silence your cell phones. If you want to 6 go out for lunch, please remember you will have to go 7 back through the security protocol. We do have a very 8 lovely café upstairs, so feel free to go up to the 9 café, as you do not want to exit the building. 10 The men's restroom is located to the left; 11 the women's just past the elevators, also to the left. 12 If an emergency requires you to leave the conference 13 room but remain in the building, please, please follow 14 the instructions provided over the building's PA 15 system. 16 If an emergency requires evacuation, a 17 building alarm will sound and everyone should leave 18 the building in an orderly manner. Follow the exit 19 signs closest to the nearest stairwell. Please do not 20 use the elevators. After exiting the building, please 21 go to the corner of Constitution and 7th Street and 22 report to an emergency assembly area. 23 If you notice any suspicious activity, 24 please alert building security. We should also let 25 you know that any actions to interfere or attempt to For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 4 First Version Competition and Consumer Protection in the 21st Century 3/26/2019 1 interfere with the commencement or conduct of the 2 event or the audience's ability to observe the event, 3 including attempts to address speakers, are not 4 permitted. Any persons engaging in such activity or 5 behavior will be asked to leave. Anyone who refuses 6 to leave voluntarily will be escorted from the 7 building. 8 FTC Commissioners and staff cannot accept 9 documents during the event. We do welcome you, 10 however, to submit your written contributions 11 following these proceedings. 12 This event is photographed, webcast, and 13 recorded. By participating, you are accepting your 14 image or anything you say or submit to be posted to 15 FTC.gov or on regulations.gov or on one of the 16 Commission's publicly available websites. 17 Now, question cards, should you have 18 questions during the day, will be floating around. 19 Please feel free to give them to the staff and they 20 will be brought up to the front. 21 And with all of those announcements, I would 22 like to introduce Randy Tritell, Director of the 23 Office of International Affairs. 24 MR. TRITELL: Thank you very much, Deon. 25 Welcome back, everybody. Welcome to everybody For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 5 First Version Competition and Consumer Protection in the 21st Century 3/26/2019 1 watching on webstream as well. For those of you who 2 were following yesterday, we had a terrific first day. 3 We had very engaging discussions on international 4 cooperation and on applying our laws and policies to 5 new technologies. 6 I'm very excited about today's sessions, 7 which will examine the implications of different legal 8 traditions and regimes for international cooperation, 9 promoting sound policies for the next decade. Then 10 some of our leading international counterparts will 11 share perspectives on effective international 12 engagement, and we'll have a concluding panel on the 13 FTC's role in a changing world. 14 Later today, we'll hear a presentation by 15 Commissioner Christine Wilson, but now it's my great 16 privilege to introduce Commissioner Noah Phillips. 17 Noah joined the FTC in April 2018, and those of you 18 who follow the Federal Trade Commission will know Noah 19 has already made his mark here. Noah previously 20 served as Chief Counsel to Senator Cornyn on the 21 Senate Judiciary Committee and also advised the 22 Senator on legal and policy matters including 23 antitrust, constitutional law, consumer privacy, 24 fraud, and intellectual property. 25 Noah has been a great supporter of the FTC's For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 6 First Version Competition and Consumer Protection in the 21st Century 3/26/2019 1 international competition, consumer protection, and 2 privacy programs. In fact, he has already been 3 personally involved in our efforts at the OECD's 4 Competition Committee and in our privacy work on the 5 International Conference on Data Protection and 6 Privacy Commissioners. 7 We are very grateful to Commissioner 8 Phillips for taking time to participate in this 9 hearing, and are looking forward to your remarks. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 7 First Version Competition and Consumer Protection in the 21st Century 3/26/2019 1 INTRODUCTORY REMARKS 2 COMMISSIONER PHILLIPS: Thank you, Randy. 3 It's a real honor to be here with all of you today. 4 We had some time yesterday to visit with some of the 5 folks who have come in for this and for spring 6 meeting. So very much all of you being here and the 7 folks who are paying attention online are a testament 8 to the quality of the work that Randy and his office 9 and Hugh's office at OIA do every day. 10 I'm really thrilled to be here inaugurating 11 the second day of our hearings on the FTC's role in a 12 changing world. I have to give the caveat that 13 everything I say is just my opinion and not 14 necessarily the opinion of my fellow Commissioners, 15 but I hope that a lot of them share the views of what 16 I'll express today, and that is, fundamentally, that 17 our international efforts, both on the antitrust side 18 of the house and on the consumer protection side of 19 the house, are critical to our agency's success and I 20 think, more broadly, important to the United States 21 and to the well-being of consumers around the globe. 22 We hope that they assist our sister agencies 23 around the world in doing what they do. And all of 24 that means that what we do, both as a consumer 25 protection agency and as an antitrust agency and, in For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 8 First Version Competition and Consumer Protection in the 21st Century 3/26/2019 1 particular, I would argue right now antitrust and 2 privacy, what we do has international ramifications. 3 And that means that we need to take seriously what we 4 do, we need to think carefully about what we do, and 5 we need to do what we are doing today and the day 6 before, examine constantly and critically what we do 7 to make sure that it lines up with best practice, that 8 it reflects the best research, that we can be a model. 9 Competition enforcement has proliferated 10 over the last several decades. In the early '90s, the 11 number of regimes were about 20 around the world, and, 12 today, fewer than 30 years later, we have over 100 13 additional jurisdictions, bringing the total to about 14 130. At the same time, forces that include the 15 internet, smartphones, and connected devices are 16 bringing consumer protection and antitrust issues 17 together and also spreading out on a worldwide basis. 18 The world is globalized, and the global 19 emphasis on both competition and consumer protection 20 underscores the need for us to consider not only how 21 our efforts affect domestic policy and behavior but 22 also, as I said before, the international 23 ramifications of the work we do. 24 During my tenure as a Commissioner, I've had 25 the opportunity to engage in a number of international For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 9 First Version Competition and Consumer Protection in the 21st Century 3/26/2019 1 efforts on both sides of the house, that includes 2 traveling abroad for competition and consumer 3 protection conferences and participating in ongoing 4 debates.
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