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Antitrust Provisions Sherman Act FTC Act

MoginRubin LLP

Judge Cuts Unrevealed Slice of FTC’s Amazon Case, But a Lot Remains

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U.S. Judge John H. Chun in Seattle has cut a temporarily undisclosed portion of the Federal Trade Commission’s antitrust suit against Amazon.com Inc., but said an eventual trial would focus solely on Amazon’s liability under...more

Proskauer Rose LLP

FTC Focus: Private Equity Investments In Healthcare

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U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more

Proskauer - Health Care Law Brief

Public Portal to Promote Healthy Competition

Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

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Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Nelson Mullins Riley & Scarborough LLP

Becoming Antitrust Aware in 2024: Top Five Recommendations for the New Year

A new year means resolutions which are often centered around self-improvement measures like weight loss, exercise plans, and other health improvement measures. Companies can also benefit from resolutions. Increasing antitrust...more

Littler

Federal and State Authorities Bring Antitrust Enforcement to the Contingent Workforce Sector

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The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens....more

Robinson+Cole Data Privacy + Security Insider

AI and Antitrust: When Does an Algorithm Become an Agreement? Part II

In Topkins, discussed in Part I, the defendants had already entered their unlawful agreement—algorithms were a tool to implement the agreement. The more vexing question facing antitrust enforcers is the issue of tacit...more

Ballard Spahr LLP

Antitrust Law Adds to the Consumer Finance Regulatory Arsenal

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Regulatory scrutiny and class action litigation relating to the consumer financial services (CFS) industry have typically focused on issues of disclosure, customer privacy, and fees charged to consumers. CFS lawyers are...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Claims Broader Section 5 Powers in New Policy Statement; Provides Limited Practical Guidance

On November 10, 2022, the FTC issued a Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act that revisited the Commission’s decades-long enforcement...more

Troutman Pepper

FTC Policy Statement Seeks to Expand US Antitrust Enforcement

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On November 10, the Federal Trade Commission (FTC) issued a “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act” (Policy Statement). The Policy Statement...more

A&O Shearman

FTC targets unfair methods of competition in policy statement

A&O Shearman on

Policy change expands the Agency’s oversight under Section 5 of the FTC Act and abandons the application of the “Rule of Reason.”...more

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: FTC Policy Statement Re Section 5

On November 10, 2022, the Federal Trade Commission (“FTC”) issued its long-anticipated Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act (“Policy...more

McGuireWoods LLP

FTC Issues New Policy on “Unfair Methods of Competition,” Shunning Past Practice

McGuireWoods LLP on

On Nov. 10, 2022, the Federal Trade Commission (FTC) issued an expansive — and at times opaque — policy statement on its enforcement of the federal ban on “unfair methods of competition” under Section 5 of the FTC Act. This...more

Ballard Spahr LLP

FTC’s New Section 5 Policy Statement Signals Significant Expansion of the Agency’s Enforcement Authority

Ballard Spahr LLP on

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

Stinson LLP

FTC Announces Expanded Enforcement Authority

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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

Cozen O'Connor

FTC and State AG Coalition Sue Syngenta, Corteva Over Alleged Generic Competitor Blocking

Cozen O'Connor on

The FTC and a bipartisan coalition of AGs from ten states sued pesticide manufacturers Syngenta Crop Protection and Corteva, Inc. over allegations that the companies paid distributors to block competitors from selling cheaper...more

Akin Gump Strauss Hauer & Feld LLP

FTC Unanimously Adopts Right to Repair Policy Statement

On Wednesday, July 21, the Federal Trade Commission (FTC or the “Commission”) unanimously voted to issue a new policy statement to target unlawful right to repair acts or practices that violate competition laws or Section 5...more

Mintz - Antitrust Viewpoints

Busy Week for the FTC Shows Aspirations of and Limitations on Chair Khan’s Enforcement Agenda

Last week was momentous for the Federal Trade Commission. First, the campaign use antitrust to reign in “Big Tech” faced a setback as the United States District Court for District of Columbia dismissed the FTC’s suit against...more

Faegre Drinker Biddle & Reath LLP

The FTC Expands Section 5 Enforcement Efforts With Potentially Broad Implications

Highlights - • The Federal Trade Commission (FTC) recently updated its interpretation of its authority to challenge “unfair methods of competition” under Section 5 of the FTC Act. It will no longer limit enforcement actions...more

Troutman Pepper

FTC Meeting Opens the Door to a Period of Greater Uncertainty

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Last week the Federal Trade Commission (FTC or Commission) held its first open Commission meeting in over 20 years. Chair Lina Khan led the meeting and promised future open meetings of the Commission on a “regular” basis....more

Seyfarth Shaw LLP

A Solution in Search of a Problem? FTC Hosts Workshop to Consider Authority to Abolish Non-Competes

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Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more

Cozen O'Connor

The State AG Report Weekly Update July 2019 #2

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Antitrust- 33 Attorneys General, U.S. Department of Justice, FTC Settle With Pharmaceutical Manufacturer Over Allegedly Monopolizing Opioid Addiction Treatment Market- 33 AGs, the U.S. Department of Justice (“DOJ”), and...more

Hogan Lovells

N.D. Cal. Bench Trial Finds Qualcomm Licensing Practices Breached U.S. Antitrust Law and FRAND Contractual Obligations, Orders...

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In a decision following a 10-day bench trial, Judge Lucy H. Koh ruled on May 21, 2019 in favor of plaintiff U.S. Federal Trade Commission (“FTC”) that defendant Qualcomm, Inc.’s (“Qualcomm’s”) licensing practices relating to...more

Skadden, Arps, Slate, Meagher & Flom LLP

"After Long Debate, FTC Issues Only General Principles Regarding Section 5"

On August 13, 2015, the U.S. Federal Trade Commission (FTC) issued formal guidance on Section 5 enforcement consisting of a general statement of principles1 to guide application of its authority to challenge “unfair methods...more

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