Thomas Rosch has pointed out, according to this New York Times article today.

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Since Google wasn't held to a binding legal commitment in its search business, "going forward, parties under investigation are likely to demand similar treatment, " Mr. Rosch said.

WSJ: Behind Google's Antitrust Escape

Thomas Rosch dissenting and Commissioner Maureen K. Ohlhausen not participating.

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In his dissenting statement, Commissioner Rosch stated that it arguably cannot be concluded that the consent decree is in the public interest if it contains a denial of liability.

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Thomas Rosch dissented from the vote approving the report, in part because he said "it is not clear that all the interested players in the Do Not Track arena" will be able to agree on a definition.

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Thomas Rosch to vote against the agreement.

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Thomas Rosch, who in November had offered up a new, alternate theory on how the agency could proceed with a broad case against Google that found no support among the other four commissioners, in a dissent expressed worry that the FTC had set a bad precedent for future negotiations with other companies.

WSJ: Behind Google's Antitrust Escape