The FTC can bring a complaints (in administrative proceeding) if it has “reason to believe that [the defendant] has been or is using any unfair method of competition or unfair or deceptive act or practice in or affecting commerce,” and in the FTC’s judgment “a proceeding . . . would be to the interest of the public.” 15 U.S.C. § 45(b).
The requirement that “a proceeding . . . would be to the interest of the public”
gives the FTC broad discretion in bringing complaints.
does not give the FTC broad discretion in bringing complaints.