Following President Trump’s Executive Order on Reducing Anti-Competitive Regulatory Barriers, the FTC—led by Chairman Andrew Ferguson—launched a public inquiry this week into “how federal regulations can harm competition in...more
After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more
1/31/2025
/ Antitrust Division ,
Antitrust Provisions ,
Banking Sector ,
Competition ,
Consumer Financial Products ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
New Legislation ,
Non-Compete Agreements ,
Proposed Legislation ,
Unfair Competition
The Federal Trade Commission (FTC) announced Friday increased jurisdictional thresholds for (1) notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing fee schedule,...more
1/15/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
The Clayton Act ,
Threshold Requirements
The FTC staff recently published a blog post outlining four factors for companies to consider when developing or deploying AI products to avoid running afoul of the nation’s consumer protection laws.
The blog post does...more
1/13/2025
/ Artificial Intelligence ,
Child Abuse ,
Child Pornography ,
Compliance ,
Consumer Protection Laws ,
Data Privacy ,
Data Protection ,
Deep Fake ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Machine Learning ,
Regulatory Agenda ,
Risk Management ,
Risk Mitigation
On the heels of President-Elect Trump’s announcement of the appointment of Mark Meador to the Federal Trade Commission (FTC) and designation of current Republican Commissioner Andrew Ferguson as the agency’s chair, the FTC...more
On December 5, incoming President Donald Trump announced that David Sacks would be the “AI and Crypto Czar” under the next administration.
A prominent venture capitalist, member of the “PayPal Mafia,” and co-founder of an...more
12/13/2024
/ Artificial Intelligence ,
China ,
Cryptocurrency ,
Deregulation ,
Emerging Technologies ,
Federal Trade Commission (FTC) ,
Investment ,
National Security ,
Nominations ,
Popular ,
Research and Development ,
Trump Administration
On November 19, the Senate Commerce Committee’s Subcommittee on Consumer Protection, Product Safety, and Data Security convened a hearing on “Protecting Consumers from Artificial Intelligence Enabled Fraud and Scams.”
The...more
11/25/2024
/ Artificial Intelligence ,
Consumer Protection Laws ,
Data Security ,
Deep Fake ,
Enforcement ,
Expert Testimony ,
Federal Trade Commission (FTC) ,
Fraud ,
Individual Accountability ,
Privacy Laws ,
Proposed Legislation ,
Risk Management ,
Risk Mitigation ,
Scams
As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more
11/20/2024
/ Algorithms ,
Amicus Briefs ,
Antitrust Litigation ,
Antitrust Provisions ,
Appeals ,
Artificial Intelligence ,
Class Action ,
Conspiracies ,
Contract Terms ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Information Sharing ,
Landlords ,
Risk Assessment ,
Sensitive Personal Information ,
Sherman Act ,
Software
On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more
10/17/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
Bias ,
Department of Education ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Equity ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Machine Learning ,
Social Media ,
Whistleblowers
The new HSR form, instructions, and implementing rules were announced yesterday and are set to take effect 90 days from publication in the Federal Register.
In June 2023 the FTC issued a NPRM, drafted alongside the DOJ,...more
On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges.
The...more
10/14/2024
/ Antitrust Division ,
Artificial Intelligence ,
Competition ,
Copyright ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
G7 ,
Innovation ,
Regulatory Agenda ,
Transparency ,
UK
On September 25, 2024, the Federal Trade Commission (FTC) announced five enforcement actions against companies that allegedly used AI to further deceptive or unfair conduct.
The actions are part of the FTC’s Operation AI...more
10/4/2024
/ Artificial Intelligence ,
Automation Systems ,
E-Commerce ,
Enforcement ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
FTC Act ,
Machine Learning ,
Testimonial Statements ,
Training ,
Unfair or Deceptive Trade Practices
On September 19, 2024, the FTC released a Staff Report on the data collection and data use practices of large social media and video streaming service (SMVSS) platforms.
The Report describes how these platforms engage in...more
9/27/2024
/ Algorithms ,
Artificial Intelligence ,
Data Brokers ,
Data Collection ,
Data Protection ,
Data Use Policies ,
Federal Trade Commission (FTC) ,
Internet Streaming ,
Online Safety for Children ,
Personal Information ,
Popular ,
Privacy Concerns ,
Social Media
On September 10, eight Democratic Senators urged the heads of the FTC and DOJ’s Antitrust Division to investigate certain generative AI features used by dominant online platforms that may violate competition laws....more
On August 14, the FTC announced its much-anticipated final rule banning fake reviews and testimonials.
The final rule prohibits the purchase, sale, and dissemination of fake reviews, incentivized reviews, and certain...more
8/23/2024
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Artificial Intelligence ,
Celebrity Endorsements ,
Disclosure Requirements ,
Fake Reviews ,
Federal Trade Commission (FTC) ,
Final Rules ,
Popular ,
Social Media ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality,...more
8/8/2024
/ Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Injunctive Relief ,
Negotiations ,
Neither Admit Nor Deny Settlements ,
Penalties ,
Sensitive Personal Information ,
Sports ,
Tunney Act
On July 23, 2024, the leading competition enforcers in the US, EU, and UK released a Joint Statement on Competition in Generative AI Foundation Models and AI products.
The statement outlines risks to competition that are...more
8/5/2024
/ Artificial Intelligence ,
Competition ,
DOJ Strike Force ,
Enforcement ,
EU ,
European Commission ,
Fair Dealing Exception ,
Federal Trade Commission (FTC) ,
Machine Learning ,
UK ,
UK Competition and Markets Authority (CMA)
Exactly two weeks after issuing an interim staff report on Pharmaceutical Benefit Managers (PBMs) pursuant to its Section 6(b) authority to study markets, the Federal Trade Commission (FTC) has initiated another 6(b) study...more
In early June, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) reached an agreement dividing responsibility over AI oversight. The FTC will oversee competitive concerns relating to major software...more
Last week, a federal judge in North Carolina declined to preliminarily enjoin Novant Health, Inc.’s (“Novant”) acquisition of two hospitals from Community Health Systems, Inc. (“CHS”). The FTC filed suit in federal court and...more
A working group within the Commodity Futures Trading Commission (CFTC) released a report on May 2, 2024, concerning the risks posed by AI adoption in the derivatives market.
The report warns that the adoption of AI tools...more
On April 23, 2024, by a 3-2 margin, the FTC voted to finalize its controversial non-compete rule, which, generally, will prohibit businesses from entering into non-compete agreements with nearly all workers across the U.S....more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
On March 13, 2024, the Carnegie Endowment for Peace hosted Federal Trade Commission (FTC or Commission) Chair Lina Khan for a panel entitled “The Future of American Innovation.” The panel discussion, which broadly concerned...more
Department of Justice (DOJ) Deputy Attorney General Lisa Monaco’s March 7, 2024, speech addressed the agency’s current enforcement stance towards AI.
In the speech, Monaco reiterated that there are no AI exemptions to the...more
3/15/2024
/ Artificial Intelligence ,
Compliance ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
Market Manipulation ,
Price-Fixing ,
Sentencing ,
White Collar Crimes
On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al.
In this SOI, the agencies...more