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The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more
The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more
In a December 2023 statement, the White House detailed its intention to encourage antitrust enforcers to scrutinize anticompetitive acquisitions and anticompetitive practices in health care. Specifically, the statement...more
The FTC filed a lawsuit against U.S. Anesthesia Partners, Inc. (USAP), and private equity company Welsh, Carson, Anderson & Stowe XI, L.P. and affiliated entities (collectively, Welsh Carson), alleging that they violated the...more
Since the beginning of Chair Khan’s tenure at the Federal Trade Commission (and in line with President Biden’s aim to curb rising health care costs), the current FTC has committed to bring enforcement actions against health...more
Summary - The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.” ...more
Late last week, the Federal Trade Commission (FTC) issued formal guidance regarding the scope of its enforcement authority under Section 5 of the FTC Act. This guidance previews a material expansion of the FTC’s enforcement...more
On November 10, 2022, the US Federal Trade Commission issued a new Policy Statement indicating that the current Commission plans to expand its use of Section 5 of the FTC Act. Such an expansion would constitute a significant...more
On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more
On June 16, 2022, the Fair Trade Commission (FTC or Commission) unanimously voted to authorize its examination under Section 6(b) of the FTC Act of anti-competitive behavior of Pharmacy Benefit Managers and other...more
Frontier Sued over Allegations that Its DSL Service Is Slower than Advertised - The Federal Trade Commission (“FTC”), and a bipartisan group of five state AGs and two California district attorneys, sued Internet service...more
Last August, the Federal Trade Commission issued its Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (Statement), in an effort to provide clarity with respect to...more