Loper Bright and Antitrust: Limited Impact on Enforcement, but a Clear Constraint on FTC Rulemaking

On June 28, 2024, the Supreme Court ruled in Loper Bright Enterprises v. Raimondo that courts, not agencies, are responsible for interpreting federal statutes and that agency interpretations of statutes are entitled to respect, but not deference. In doing so, the Court expressly overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. The significance of the Loper Bright decision on the power of federal administrative agencies has appropriately received a great deal of attention