News & Analysis as of

Competition Federal Trade Commission (FTC) Unfair or Deceptive Trade Practices

Alston & Bird

FTC and DOJ Host First Public Meeting of the Strike Force on Unfair and Illegal Pricing

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At its first public meeting, the federal interagency Strike Force on Unfair and Illegal Pricing signaled a priority of lowering U.S. retail prices. Our Antitrust Team highlights what businesses should know going forward....more

Wilson Sonsini Goodrich & Rosati

Private Equity Escapes on Motion to Dismiss but FTC Suit Against U.S. Anesthesia Partners Will Continue

The Federal Trade Commission’s suit alleging U.S. Anesthesia Partners (USAP) and Welsh Carson, a private equity fund that owns 23 percent of USAP and controls two of 14 board seats, engaged in an anticompetitive scheme to...more

Jenner & Block

Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

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On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the...more

Sheppard Mullin Richter & Hampton LLP

FTC Approves Compulsory Process for AI-related Products and Services

On November 21, the FTC voted 3-0 to approve the omnibus resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that use or claim to be produced using artificial...more

Manatt, Phelps & Phillips, LLP

DOL, FTC Partner Up on Employment Issues

The Department of Labor (DOL) and the Federal Trade Commission (FTC) have partnered to fight anticompetitive, unfair and deceptive practices in a new formal collaboration between the agencies. ...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Shining a Bright Light on Digital Dark Patterns

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Our special guest is Andrew Nigrinis, PhD, who formerly served as Enforcement Economist for the Consumer Financial Protection Bureau. We first discuss what is meant by “dark patterns” and the types of digital practices...more

Cohen Seglias Pallas Greenhall & Furman PC

Unfair Trade Practices & Consumer Protection Law Investigations

What is the Pennsylvania Unfair Trade Practices & Consumer Protection Law? The Unfair Trade Practices & Consumer Protection Law (UTPCPL) is a Pennsylvania statute that prohibits “unfair methods of competition” and “unfair...more

Brooks Pierce

No More Non-Competes? Impact of FTC’s Proposed Rule

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Non-compete agreements have had a target on their back for some time, with several state laws already on the books to prohibit or significantly limit their use. (See laws in California, Colorado, Illinois, Maine, Maryland,...more

A&O Shearman

The FTC Abandons (The Rule of) Reason

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On November 10, 2022, the Federal Trade Commission (FTC) issued a policy statement (the “Policy Statement”) radically expanding the FTC’s interpretation of prohibited “unfair methods of competition” under Section 5 of the FTC...more

Epstein Becker & Green

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

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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

Ballard Spahr LLP

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

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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

Wilson Sonsini Goodrich & Rosati

FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more

Morgan Lewis

Federal Trade Commission Announces Expanded Enforcement Authority Under Section 5 of the FTC Act

Morgan Lewis on

The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the scope of Section 5 of the FTC Act on November 10, 2022. The updated guidance expands what the FTC may consider to be “unfair”...more

Epstein Becker & Green

Independent Physician Association Enforcement Not Forgotten

Epstein Becker & Green on

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

Cozen O'Connor

The State AG Report – 10.6.2022

Cozen O'Connor on

Here are this week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Arizona AG Fines Google $85 Million Over...more

Kelley Drye & Warren LLP

The FTC’s Mission Statement for 2022-2026: “Legitimate Business Activity” Still Missing in Action

Last November, the FTC sought public comment on a draft strategic plan for 2022-2026. As we blogged here and discussed in a comment submitted to the FTC (one of only 21 submitted), a key change from prior strategic plans was...more

Hinch Newman LLP

FTC CID Attorney on Considerations for Digital Marketers When Selecting Regulatory Investigation Defense Counsel

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You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter. Now what?...more

Cozen O'Connor

The State AG Report – 5.26.2022

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Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: FTC Launches Inquiry Into Formula Shortage- ...more

Cozen O'Connor

The State AG Report – 1.20.2022

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Student Loan Servicer Agrees to Cancel $1.7...more

BakerHostetler

[Podcast] AD-ttorneys@Law Episode 6: Insider's Predictions for the FTC

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New BakerHostetler Partner Daniel Kaufman shares an insider’s predictions for the FTC....more

Proskauer - Advertising Law

On Notice: Continued Use of Endorsements

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more

Kelley Drye & Warren LLP

The Deletion of “Legitimate Business Activity” from the FTC’s Strategic Plan

Kelley Drye & Warren LLP on

For decades, the FTC has explained that the omission of information can lead to liability. It is also a canon of statutory construction that an amendment helps reveal legislative intent. And of course, your mother put it...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 45

Cozen O'Connor on

Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US - Supermarket Chains Agree to Divest Stores Over...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Chair Khan Highlights Key Policy Priorities Going Forward, but Aggressive Agenda Faces Uphill Climb

In a September 22, 2021, memorandum to staff, Federal Trade Commission (FTC) Chair Lina Khan formally laid out her “Vision and Priorities for the FTC,” reaffirming her calls for broad antitrust enforcement organized around...more

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