You are welcome to that opinion, but the viewpoint you're describing is not one that is the prevailing legal precedent. The FTC was created by Congress through

You are welcome to that opinion, but the viewpoint you're describing is not one that is the prevailing legal precedent. The FTC was created by Congress through the Federal Trade Commission Act, and it is explicitly empowered to regulate anything that would harm free competition, including passing rules like this one. Congress is also free to decide that this sort of thing is an overreach and to further regulate the agency or narrow its scope, of course.