News & Analysis as of

Federal Trade Commission (FTC) Government Investigations

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

Benesch

Dialysis & Nephrology Digest - July 2024

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FTC Investigates Major Dialysis Providers Over Anticompetitive Practices - The Federal Trade Commission (FTC) is investigating DaVita and Fresenius Medical Care, the largest U.S. dialysis providers, for potentially using...more

Proskauer Rose LLP

A Closer Look At Antitrust Agencies' Chat Platforms Guidance

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The Federal Trade Commission's Bureau of Competition and the U.S. Department of Justice Antitrust Division earlier this year released a joint statement reiterating document preservation obligations for companies and...more

Venable LLP

The FTC’s and DOJ’s New Magic Act: Vanished Messages Will Reappear in Discovery

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In late January, the Federal Trade Commission (FTC) and Justice Department (DOJ) announced a collaborative effort to update their instructions regarding preservation of electronic communications to targets of pre-litigation...more

Cornerstone Research

Trends in Merger Investigations and Enforcement at the U.S. Antitrust Agencies: Fiscal Years 2005-2022

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In fiscal year 2022, merger transactions and second requests decreased from the prior year....more

BCLP

CMA Hits Accelerator on Enforcement of UK Labour Markets

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Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

Manatt, Phelps & Phillips, LLP

Further Guidance from FTC and DOJ “Reinforces” Parties’ Obligations to Preserve Ephemeral Messages

On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral...more

Jones Day

DOJ's Antitrust Division and the FTC Announce New Guidance on Preservation for Collaboration Tools and Ephemeral Messaging

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The Antitrust Division of the U.S. Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") are updating language in document requests and compulsory process to address companies' increased use of collaboration...more

Alston & Bird

Preservation Obligations for Ephemeral Messaging Will Not Disappear

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As companies expand communications technologies, federal antitrust agencies expand their enforcement efforts. Our White Collar, Government & Internal Investigations and Antitrust Teams reveal the latest guidance from the...more

Nelson Mullins Riley & Scarborough LLP

FTC and DOJ Update Guidance to Reinforce Preservation Obligations Regarding Messaging Applications and Tools

Anyone who has ever received a civil investigative demand, subpoena, second request, voluntary access letter, or other form of compulsory process from a federal antitrust regulator knows that the government’s standard...more

Lowenstein Sandler LLP

Fiscal Year 2022 Hart-Scott-Rodino Annual Report Provides Data on Antitrust Merger Enforcement for First Full Fiscal Year of Biden...

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The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through...more

BakerHostetler

FTC Takes Nontarget to Court in Robinson-Patman Act Investigation

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There have been reports that the Federal Trade Commission (FTC) is leveraging the long-dormant Robinson-Patman Act as a basis for civil investigations into potential price discrimination by distributors in the alcoholic and...more

Parker Poe Adams & Bernstein LLP

What a More Coordinated Enforcement Approach by EEOC, Labor Department Means for Employers

Last week, we reported on a new joint enforcement initiative between the U.S. Department of Labor (DOL) and the Federal Trade Commission. On the heels of this announcement, the Equal Employment Opportunity Commission (EEOC)...more

Manatt, Phelps & Phillips, LLP

[Webinar] Automatic Renewal Laws: Everything to Know About the Surge in Litigation and Regulatory Enforcement - April 18th, 11:00...

Automatic Renewal Laws (ARLs)—statutes governing continuity programs and automatically renewing contracts—have proliferated throughout the United States since 2010. Companies that offer automatic renewal programs face an...more

Lathrop GPM

[Event] State of Litigation: Football Draft Edition - April 12th, Kansas City, MO

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Join us at Lathrop GPM's annual State of Litigation event, where we bring together business leaders, legal decision-makers, and industry experts to explore the latest trends in litigation and risk management. As Kansas...more

Venable LLP

Spoliation and Failure to Disclose: What Gets Swept Under the Rug in FTC Investigations Lands in a Dangerous Pit

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Once a company or individual learns they are a target of a Federal Trade Commission investigation, they need to quickly make a series of decisions, then take action. After being notified that the FTC has begun an...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #342 – If You Use Twitter, Be Aware and Stay Tuned

This week, in addition to the news-catching, ongoing dispute between Twitter and Elon Musk, Twitter’s former head of cybersecurity, Peiter Zatko, claimed in a whistleblower filing with several federal agencies that Twitter...more

Dechert LLP

DAMITT Q2 2022: Is Merger Enforcement Taking a Conservative Turn?

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In both our DAMITT 2021 Report and our Q1 2022 Report, we warned that parties to transactions subject to significant merger investigations were more likely to see the FTC or DOJ sue to block their deal or push them to abandon...more

Epiq

How to Position Technology Assisted Review (TAR) With Government Regulators in Antitrust Matters

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Regulators in the U.S. and abroad have been quick to recognize the value of technology-assisted review (TAR) workflows as important tools that can prevent massive data dumps and allow them to focus their analysis on critical...more

Holland & Knight LLP

Supreme Court to Review the Structure of FTC's Proceedings and Procedures

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Earlier this year, the U.S. Supreme Court granted certiorari on a case that has ramifications for the Federal Trade Commission's (FTC) investigations into private industry. In Axon Enterprise, Inc. v. Federal Trade...more

Bilzin Sumberg

Microsoft’s Proposed Acquisition of Activision Blizzard Likely to Face Close Antitrust Review

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In January, Microsoft announced its plan to acquire Activision Blizzard, one of the largest video game publishers in the world. The roughly $69 billion deal constitutes the biggest gaming industry transaction of all time. ...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - December 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we discuss recent criticism of the Justice Department’s use of “taint teams” to review...more

Epiq

Planning a Merger? Make Sure to Review the Annual Antitrust Enforcement Update

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Every year, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division submit a report to Congress thoroughly summarizing merger investigation and enforcement efforts targeting transactions that...more

Arnall Golden Gregory LLP

The FTC and CFPB Target Big Tech, While the Chamber of Commerce Pushes Back

The first full year of the Biden Administration has seen an overhaul of the leadership of executive agencies, coupled with an intense focus on how big business affects the United States economy. ...more

Ervin Cohen & Jessup LLP

FTC Announces Expansion of Compulsory Process Resolutions to Eight Areas

On September 14, 2021, the Federal Trade Commission (“FTC”) voted 3-2 to approve new compulsory process resolutions in eight areas. Compulsory process refers to the issuance of demands for documents and testimony, through...more

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