Federal Trade Commission Dept. of Justice

The United States Federal Trade Commission is an independent federal agency established in 1914 by the Federal Trade Commission Act. The agency is charged with protecting consumers from misleading, fraudulent or... more +
The United States Federal Trade Commission is an independent federal agency established in 1914 by the Federal Trade Commission Act. The agency is charged with protecting consumers from misleading, fraudulent or deceptive marketing claims, as well as regulating unfair business practices that undermine the competitive marketplace.    less -
News & Analysis as of

DOJ Issues First Business Review Letter Following Agencies’ Joint Policy Statements on Cybersecurity

On October 2, 2014, the U.S. Department of Justice (DOJ) issued its first business review letter since issuing jointly with the Federal Trade Commission (FTC) the Agencies’ Antitrust Policy Statement on Sharing of...more

Consequences of a Data Breach: Lessons from Wyndham Worldwide

On October 20, 2014, Wyndham Worldwide Corporation won dismissal of a shareholder derivative suit seeking damages arising out of three data breaches that occurred between 2008 and 2010. Dennis Palkon, et al. v. Stephen P....more

Recent State Attorney General Merger Enforcement: Charting a Different Path from the Feds - or Not?

As hospital and physician consolidation continues, state Attorneys General (AG) have not abdicated the merger enforcement arena to the Federal Trade Commission (FTC) or the United States Department of Justice (DOJ)...more

DOJ Will Not Challenge Cyber Security Data Sharing Platform

On October 2, 2014, the U.S. Department of Justice announced that a cyber intelligence data-sharing platform known as TruSTAR, developed by CyberPoint International, LLC, passed antitrust muster. The TruSTAR platform allows...more

The Mergers & Acquisitions Review: Chapter 4: U.S. Antitrust

US COMPETITION OVERVIEW - As President Obama nears the midpoint of his second term, merger activity suffered a slight year-over-year dip but has still recovered moderately from the first years of the global economic...more

Agencies Sign New Cooperation Agreement with Colombia

The Department of Justice (DOJ) Antitrust Division announced on September 16 that the DOJ and Federal Trade Commission (FTC) have entered into a new antitrust cooperation agreement with Colombia’s Superintendence of Industry...more

House Judiciary Committee Acts to Harmonize Antitrust Review Standards and Processes

On September 10, the House Judiciary Committee passed, by voice vote, legislation to eliminate certain disparities to antitrust review by the Department of Justice (DOJ) and the Federal Trade Commission (FTC). The Standard...more

DOJ and AAI File Briefs in Motorola FTAIA Case

We’ve previously written about Motorola Mobility v. AU Optronics, currently pending in the Seventh Circuit. As many of you know, the Seventh Circuit vacated its March 2014 decision that the higher prices for mobile phones...more

House members propose bill to nullify CFPB indirect auto finance guidance

A bipartisan group of fourteen House members have introduced a bill (H.R. 5403) that would nullify the CFPB’s indirect auto finance guidance issued in March 2013 and require the CFPB to provide for a notice and comment period...more

DOJ Fines Berkshire Hathaway $896,000 for Failure to Comply with Premerger Notification Requirements

On August 20, 2014, Berkshire Hathaway Inc. (“Berkshire Hathaway”) settled with the Department of Justice, Antitrust Division (DOJ) and the Federal Trade Commission (FTC) for its failure to comply with the premerger...more

Antitrust-Related Recent Developments: Comments Requested on Price Fixing Penalty Revisions, FTC Settles Section 5 Claim Against...

Sentencing Commission Requests and Receives Comments on Price Fixing Penalty Revisions - The U.S. Sentencing Commission is currently seeking public comments on sentencing for price fixing, bid rigging and market...more

Top Components of Effective Antitrust Corporate Compliance Programs, Part 1

With DOJ’s Antitrust Division and the FTC ramping up antitrust enforcement, it is critical for companies to take a hard look at their compliance programs and update them on a regular basis to avoid potential antitrust...more

DOJ and FTC’s Cybersecurity Policy Statement Should Ease Antitrust Nerves

Several recent and well-publicized cyberattacks have increased the visibility of their threat to businesses’ private financial information and customers’ personal information. The increased attention has also led companies...more

Hart-Scott-Rodino 2013 Annual Report: Filings Decreased, Transactions Investigated Increased and Enforcement Continues for...

On May 21, 2014, the Federal Trade Commission and the Department of Justice published the Hart-Scott-Rodino Annual Report Fiscal Year 2013 (for the period from October 1, 2012 to September 30, 2013). The Annual Report...more

"DOJ and FTC Hold Joint Workshop to Explore Conditional Pricing Practices"

On June 23, 2014, the Federal Trade Commission and the Department of Justice hosted a day-long joint workshop, consisting of panels of economists and lawyers, to explore conditional pricing practices. Although conditional...more

U.S. Steps Up Efforts to Make “Safe Harbor Safe Again” – FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from...

Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union’s concerns over trans-Atlantic data flows and to secure...more

FTC and DOJ Host Conditional Pricing Programs Workshop

The Federal Trade Commission (FTC) and United States Department of Justice (DOJ) hosted a workshop on June 23, 2014 discussing the law and economics of “conditional pricing” programs. Most panelists were academics, including...more

FTC and DOJ Shine the Spotlight on Conditional Pricing Practices

Signaling increased interest in conditional pricing, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) recently held a one-day workshop to examine the economic, legal, and policy...more

Global antitrust enforcement - 2014 mid-year report

Antitrust authorities on the offensive – the insatiable appetite of mature regimes for ever-increasing fines continues unabated, with the U.S., EU, Brazil, South Korea, Japan and Australia on pace to surpass their 2013...more

Orrick's Antitrust and Competition Newsletter - June 2014 (Global)

Opt-Out Antitrust Class Actions — A U.S. Perspective on the Consumer Rights Bill Pending in UK's Parliament - Will opt-out class actions proposed by the UK Parliament’s Consumer Rights Bill bring the dreaded U.S.-style...more

Buyer Beware: Bazaarvoice and the Risks of Non-Reportable Transactions

If you thought not having to report your proposed acquisition to the US Department of Justice and the US Federal Trade Commission meant never worrying about antitrust issues, think again. The DOJ’s recent pursuit of...more

Federal Trade Commission Extends In re Polygram’s “Inherently Suspect” Anticompetitive Analysis to Endorsements

The Federal Trade Commission’s (“FTC”) recent settlement with ski manufacturers Marker Volkl (International) GmbH (“Marker Volkl”) and Tecnica S.p.A. (“Tecnica”) continues to expand the scope of “inherently suspect” business...more

FTC and DOJ Release FY 2013 HSR Annual Report

On May 21, 2014, the Federal Trade Commission (FTC) and Department of Justice (DOJ) released the Hart-Scott-Rodino Annual Report covering Fiscal Year (FY) 2013 (October 1, 2012 – September 30, 2013). The report describes key...more

Some Interesting Numbers Regarding Merger Review: The Hart-Scott-Rodino Annual Report for Fiscal Year 2013

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”) requires that proposed acquisitions of voting securities, assets or non-corporate interests meeting certain criteria be reported to the Federal Trade...more

Perspectives from the Federal Antitrust Enforcement Agencies

The Antitrust in Health Care conference took place May 13 to 14, 2014, in Arlington, Virginia, where a number of the speakers were representatives of the Federal Trade Commission (FTC) or the Antitrust Division of the U.S....more

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