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This file contains materials relating to a meeting with Lewis Engman, October 1974, and appointment of a new chairman, February 1976.
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1561402
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Federal Trade Commission
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1561402
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Federal Trade Commission
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This file contains materials relating to a meeting with Lewis Engman, October 1974, and appointment of a new chairman, February 1976.
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Richard B. Cheney Files
Richard Cheney's General Subject Files
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Federal Trade Commission. 1914-
Presidential appointments
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1976-02-29
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2
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1976
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1974-10-01
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10
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1974
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The original documents are located in Box 5, folder "Federal Trade Commission" of the
Richard B. Cheney Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 5 of the Richard B. Cheney Files at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
October 14, 1974
MEETING WITH LEWIS A. ENGMAN
Monday, October 14, 1974
12 noon (15 minutes)
The Oval Office
From: Dean Burch
PURPOSE
To receive a brief rundown of the responsibilities and principal concerns
of the Federal Trade Commission, from the Chairman of that Commission.
BACKGROUND, PARTICIPANTS & PRESS PLAN
A. Background: This is one of a series of meetings with the chairmen
of the independent regulatory commissions, to acquaint you with the
substance of their work -- and them with you.
B. Participants: Chairman Lew Engman.
C. Press Plan: White House photographer. Meeting may be announced.
TALKING POINTS (a Memorandum prepared by Chairman Engman
is attached) (Tab A)
1. The door of the Oval Office is always open, and the White House senior
staff is available for consultation: Don Rumsfeld and Phil Buchen on matters
of substance, Bill Walker with regard to personnel.
2. Lew Engman is to be commended for his very forceful recent speech on
the elimination of regulatory practices that tend to inhibit the free play of the
marketplace -- right in line with the Economic Message and the request to
Congress to set up a National Commission on Regulatory Reform.
3. Seek the Chairman's ideas on what the White House can do to establish
an effective working relationship.
FORD & LIBRARY GERALD
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
OFFICE OF
THE CHAIRMAN
October 14, 1974
MEMORANDUM FOR THE PRESIDENT
FROM: Lewis A. Engman
SUBJECT: The Federal Trade Commission
The mission of the Federal Trade Commission can be stated
in 17 words: to preserve the health of the free enterprise
system by guaranteeing that competition is free and fair.
The importance of this mission in a free market economy
which depends on competition is readily apparent, but in
a time of rapidly rising prices, the Commission's respons-
ibilities assume uncommon significance. We perform this
mission with an annual budget of $38 million and 1,600
personnel.
I view the Federal Trade Commission as a law enforcement
agency -- not a regulatory agency.
I am under no illusions that antitrust enforcement alone
can win the war against inflation, but vigorous competition,
fair market practices and reliable product information can
help insure that price increases born of excessive demand
or shortages are not exacerbated by increases attributable
to anticompetitive conduct, abuse of market power or unfair
marketing practices.
The Commission has determined to create and utilize the
best possible management and analytical systems in order
to carry out our mission in the most effective manner. We
are targeting for action those areas of the economy which
have the greatest impact on the individual citizen in his
capacity as consumer. Accordingly, in the current and forth-
coming fiscal years, we are particularly intensifying our
antitrust activities in three of the most vital and currently
most inflation-prone sectors of the economy:
-- energy
-- food
-- health care
&
FORD
CERALD
-2-
We are attempting to target our efforts on the most critical
areas of the economy. We also are attempting to assure that
the benefits of our actions justify our costs to the tax-
payer.
The Commission utilizes economic analysis to evaluate the
benefits of every antitrust matter we undertake. We are
developing the ability to apply cost-benefit analysis at the
very beginning of an action, and during the next year we
hope to improve our ability to perform follow-on benefit
measurements.
The Commission also maintains a continuing liaison with the
Antitrust Division of the Department of Justice which enables
both agencies to avoid duplication of effort. Before either
agency undertakes an investigation beyond the preliminary
stage, a mutual decision is made as to which agency has the
expertise or the statutory authority which would make it the
best-equipped to undertake the investigation and whatever
litigation may result.
Because of the legislation establishing the FTC as an inde-
pendent agency, we bring to the area of antitrust law en-
forcement the benefits of administrative proceedings without
the necessity of always having to go to court.
All but one of the Commissioners have served for less than
two years. All of the top staff have joined the Commission
within the past 18 months and we are attracting some of the
best talent from law schools all over the country.
&
FORD
GERALD
LIBRARY
file
RBC HAS SEEN
THE WHITE HOUSE
WASHINGTON
Talhto
February 3, 1976
plkto Buchen
MEMORANDUM FOR:
THE PRESIDENT
FROM:
PHILIP BUCHEN
P.
SUBJECT:
Chairman of the Federal
Trade Commission
Some consideration has been given to the selection
of Antonin Scalia for nomination by you to be
Chairman of the Federal Trade Commission (FTC).
Scalia is now Assistant Attorney General in
charge of the Office of Legal Counsel. I know
that Ed Levi considers him among his most valued
Assistants and it would be a severe loss to the
Attorney General as well as to the Department of
Justice if Scalia were to be asked to leave his
present position.
In addition, I want to point out how valuable it
is for you and the White House staff to have
Scalia remain in his present position. In that
position, Scalia directs all the legal research
and provides the advice needed to deal with the
major issues that affect the Presidency and
operations of the Executive branch. Among the
major issues in which he has been or still is
involved are:
1. The extent of "executive privilege"
under the law and the right of the
President to protect national security
secrets in dealings by the Executive
branch with the Congress;
2. Legal issues raised by the pending
bills to establish congressional
oversight for control of the CIA and
the rest of the intelligence community;
- 2 -
3. Constitutional issues involved in
warrantless electronic surveillance
of all types;
4. Statutory provisions needed to improve
the protection of national security
information;
5. The problems created by the Supreme
Court's decision on the Federal
Election Laws;
6. Conflict of interest questions
involving your appointees; and
7. Numerous other issues involving
attempted encroachment by the Congress
on the powers of the Executive branch.
Scalia is a remarkably bright and resourceful
attorney and a prodigious worker. I can think of
no one else over at Justice who could adequately
take his place. Also, it would be difficult and
time-consuming to find an adequate replacement
from outside the Justice Department, and even a
competent newcomer would require time to begin to
match Scalia's performance.
I suggest that if Scalia is to be further considered
for a new assignment that it would be desirable for
you to consult with the Attorney General.