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Interagency Strike Force on Unfair and Illegal Pricing Holds First Public Meeting

The White House announced the establishment of the Strike Force on Unfair and Illegal Pricing (“Strike Force”) earlier this year to enhance interagency cooperation and combat high prices. The U.S. Department of Justice (DOJ)...more

FTC’s Fight with House Judiciary Committee Goes Public

The House Judiciary Committee, chaired by Representative Jim Jordan (R-OH), recently held a hearing entitled “Oversight of the Federal Trade Commission [(FTC)].” The stated purpose of the hearing was to examine, in the words...more

FTC Tries Again to Provide Guidance on Enforcement Under Section 5 of FTC Act

The Federal Trade Commission (FTC) is authorized, pursuant to section 5 of the Federal Trade Commission Act (the “Act”), to address “unfair methods of competition.”...more

Independent Physician Association Enforcement Not Forgotten

On September 30, 2022, the Federal Trade Commission (FTC) obtained civil monetary penalties in the amount of $263,000 from San Juan IPA, Inc. (“San Juan”), an independent physician association operating in northwestern New...more

FTC Commissioner Favors Fairness over Efficiency

On September 22, 2022, Commissioner Alvaro Bedoya of the Federal Trade Commission (FTC) delivered a speech entitled “Returning to Fairness,” challenging basic tenets of antitrust law and current enforcement....more

FTC Publishes Its Strategic Plan for Next Five Years

On August 26, 2022, the Federal Trade Commission (FTC) published its “Strategic Plan for Fiscal Years 2022–2026,” as required under the GPRA Modernization Act of 2010....more

FTC Has Full Slate of Commissioners

Last week, the U.S. Senate confirmed the nomination of Alvaro Bedoya to fill the open fifth Commissioner seat on the Federal Trade Commission (FTC). The confirmation fills the vacancy left when Rohit Chopra resigned in...more

FTC Loses Disgorgement Remedy Under 13(b) of the FTC Act

On April 22, 2021, the Supreme Court of the United States issued an opinion finding that the Federal Trade Commission (“FTC”) does not have the authority to order disgorgement (i.e., monetary relief) under Section 13(b) of...more

FTC Annual Review Shows Focus on Health Care

On March 25, 2021, the Federal Trade Commission (“FTC”) released its 2020 Annual Highlights report. The report’s statistics show that 46 percent of the Bureau of Competition’s enforcement actions related to the health care...more

FTC Issues Advance Notice of Proposed Rulemaking

On September 21, 2020, the Federal Trade Commission (“FTC”) announced that it was issuing an Advance Notice of Proposed Rulemaking (“ANPRM”) related to the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”) and its...more

Third Circuit Curtails FTC’s Ability to Seek Judicial Review of Past Antitrust Violations

The Federal Trade Commission Act (“Act”) declares “unfair methods of competition to be unlawful” and gives the Federal Trade Commission (“FTC”) multiple tools to combat such conduct. Section 5(b) of the Act provides the FTC...more

When Conversation Becomes an Antitrust Violation

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), provides the Federal Trade Commission (“FTC”) with broad authority to address “unfair methods of competition.” Although Congress chose not to define the...more

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