Rules of Practice

What it does

• •Updates organizational descriptions to reflect the FTC's internal structure changes, including reverting to 'Chairman' terminology and describing the American Competition Enforcement Division's national integration.
• •Clarifies that FTC staff may consider multiple relevant factors (timing, competitive issues, burden on recipients, information availability) when modifying Second Requests for additional merger investigation materials.
• •Updates the list of OMB control numbers for FTC information collection activities, discontinuing one control number and adding five new ones for administrative activities, safeguards, eyeglass rules, and fee disclosures.
• •Establishes procedures for assigning Administrative Law Judges to cases, updates page limits for opening briefs, clarifies quorum calculations, and adds requirements for motions seeking Commissioner disqualification.

Why it matters

• •These procedural amendments ensure FTC rules reflect current organizational practices and provide clarity on how enforcement staff may exercise discretion when investigating mergers and acquisitions.
• •The rule amendments keep the FTC's regulatory framework synchronized with OMB Paperwork Reduction Act requirements, ensuring proper public notification of approved information collections.
• •Clarifying ALJ assignment procedures and Commissioner disqualification processes establishes transparent administrative practices for parties involved in FTC adjudications.

Who is affected

• •Parties subject to FTC premerger review investigations and Second Requests, including companies proposing acquisitions or mergers.
• •Financial institutions, eyeglass retailers, and entities subject to FTC rules on safeguards and fee disclosures who must comply with information collection requirements.
• •Administrative Law Judges, Commissioners, and other FTC staff involved in administrative adjudicative proceedings and internal agency operations.

What happens next

The rule is effective September 24, 2026, though the FTC may determine that application to pending investigations would be infeasible or create injustice, in which case it may delay application to those cases.