Can A Single FTC Commissioner Constitute A Quorum?

By Stephen Calkins and John Villafranco (April 20, 2018, 3:55 PM EDT) -- Federal Trade Commissioner Terrell McSweeny recently announced that she would resign effective April 28. While it is possible that the Senate may act in the next eight days on the five nominees for the commission, it may not, leaving acting Chairman Maureen Ohlhausen as the sole commissioner and many of us wondering: can the FTC take formal action by a 1-0 vote? When does a commission cease being a commission?

Last month, the FTC made its views on this issue clear when, by a vote of 1-0 (with Commissioner McSweeney recused), it voted to modify a 2014 consent order.[1] Apparently, it...

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