On November 29, 2021, the Federal Trade Commission said it had ordered nine large retailers, wholesalers and consumer-goods suppliers to provide information about supply-chain disruptions. The agency said the orders used Section 6(b) to conduct a wide-ranging study without a specific law-enforcement purpose. They were a request for evidence, not a finding that any named company had broken the law. [S1]
The requested data went beyond explanations for empty shelves. Companies were asked about delayed or canceled orders, rising costs and prices, affected products and inputs, steps to ease disruptions, and how scarce goods were allocated among stores. The agency also sought internal records on supplier selection, promotions, sales volumes, margins and market shares. [S1]
Each company had 45 days from receiving its order to respond—not 45 days from the public announcement. The FTC said it wanted to examine whether bottlenecks, shortages or anticompetitive practices were contributing to consumer prices; those were questions for the study, not conclusions already reached. [S1]
The nine compulsory recipients were large firms, including national retailers, wholesalers and consumer-goods suppliers. The FTC separately invited voluntary comments from retailers, suppliers, wholesalers and consumers, and its November 2021 page lists distinct model orders for retailers, suppliers and wholesalers. That broader invitation offered a route to submit information, but did not turn the nine orders into a program for every small supplier. [S1][S2]
Source documents
- FTC Launches Inquiry into Supply Chain Disruptionshttps://www.ftc.gov/news-events/news/press-releases/2021/11/ftc-launches-inquiry-supply-chain-disruptions
- 6(b) Orders to File Special Report on the Competitive Impact of Supply Chain Disruptions in Consumer Goodshttps://www.ftc.gov/reports/6b-orders-file-special-report-competitive-impact-supply-chain-disruptions-consumer-goods