9th Circ. Rescues FTC Authority Over Common Carriers
By J.G. Harrington, Howard Morse and Dee BansalMarch 9, 2018, 2:22 PM EST
Law360 (March 9, 2018, 2:22 PM EST) -- The U.S. Court of Appeals for the Ninth Circuit last month issued an en banc decision reversing an earlier Ninth Circuit panel order that had found the Federal Trade Commission has no authority over “common carriers,” including telecom companies providing standard telephone and wireless voice services, even when offering noncommon carrier services.
The 11-judge en banc court, in FTC v. AT&T Mobility, concluded that the FTC has jurisdiction — and so can enforce antitrust and consumer protection law — against noncommon carrier activities of common carriers....