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Mark Meador’s Confirmation Unlikely to Lead to Major Changes at the FTC

On Thursday, April 10, the U.S. Senate voted to confirm Mark Meador as a Commissioner of the FTC. Previously, it was expected that Meador’s confirmation would lead to significant changes at the FTC, as his presence on the...more

Embrace Tradition, Reject Modernity? Recent FTC and DOJ Deal Challenges Show Preference for Traditional Antitrust Theories of Harm

Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more

FTC Chair Requests Information on Big Tech “Censorship”

On Thursday, February 20, 2025, FTC Chairman Andrew Ferguson announced a Request for Information (RFI) for “public submissions from anyone who has been a victim of tech censorship (banning, demonetization, shadow banning,...more

Will This Be on the Exam? FTC Staff Issues Two Initial Reports on Surveillance Pricing

On January 17, 2025, the staff at the Federal Trade Commission (FTC) released their first results from the FTC’s Surveillance Pricing market study. The FTC staff reports, including both a “staff perspective” and an “issue...more

Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability

On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more

One More for the Road: FTC Files Price Discrimination Suit Against Beverage Company in Final Weeks of Biden Administration

This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more

FTC Junk Fees Rule Targets Ticket Sales and Hotel Rentals

The Federal Trade Commission has issued a long-anticipated final Rule on Unfair or Deceptive Fees (the Rule), colloquially known as the “Junk Fees” Rule, targeting mandatory hidden fees and ensuring transparent pricing...more

Never Bad-Mouth Synergy: FTC and DOJ Withdraw Antitrust Guidelines for Collaborations Among Competitors

On December 11, 2024, the Federal Trade Commission and the Antitrust Division of the Department of Justice unexpectedly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines)....more

Trump Controlling the FTC? Picks for FTC Chair and FTC Commissioner Signal Significant Changes

On Tuesday, December 10, Donald Trump announced two picks for placements on the Federal Trade Commission: Commissioner Andrew Ferguson for Chair and Mark Meador for Commissioner. While Meador’s appointment requires Senate...more

President-elect Trump’s Pick to Lead DOJ’s Antitrust Division Signals Continued Aggressive Big Tech and Agriculture Enforcement

On Wednesday, December 4, Donald Trump announced his pick to run the Department of Justice’s Antitrust Division: Gail Slater. Slater is a seasoned antitrust attorney with extensive government experience....more

Are You Preparing to Comply with the FTC “Click-to-Cancel” Rule?

The Federal Trade Commission (FTC) published its final “Click-to-Cancel” Rule in the Federal Register on November 15, 2024, meaning that companies should ensure that they comply with the rule’s requirements within the next...more

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more

California, FTC Lead Push To Add Autorenewal Requirements

If it’s been a while since you’ve looked at the state and federal laws governing autorenewals, subscriptions, and continuous service offers, your business is likely in need of an update. Multiple jurisdictions, on both state...more

FTC Announces New Premerger Notification Form

On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger...more

What the FTC Final Rule Means for Reviews and Testimonials: A Six-Part Series

The Federal Trade Commission (FTC) has published a long anticipated Final Rule on the Use of Consumer Reviews and Testimonials that prohibits certain practices the FTC deems misleading or deceptive, provides additional...more

Part 6: What the FTC’s Final Rule on Reviews and Testimonials Means for Enforcement, Penalties

In this post, the final part of our six-part series, we explore the nuances of the “teeth” of the FTC’s Final Rule on consumer reviews and testimonials—the money the FTC can recover for violations of the Final Rule....more

What the FTC’s Final Rule Means for Fake Indicators of Social Media Influence and Fake Review Websites

In this post, part of a six-part series on the FTC’s Final Rule on Consumer Reviews and Testimonials, we explore what the FTC means in prohibiting the use of fake indicators of social media influence, and fake review...more

Part 4: What the FTC’s Final Rule Means for Insider Reviews

In this post, part of a six-part series on the FTC’s Final Rule on Consumer Reviews and Testimonials, we explore what the Final Rule means for so-called “insider” consumer reviews and testimonials, and also review...more

Part 3: What the FTC’s Final Rule Means for Incentivized Reviews

In this post, part of a six-part series, we explore what the FTC’s Final Rule on consumer reviews and testimonials means for incentivized reviews. The Final Rule prohibits businesses from providing compensation or other...more

Part II: What the FTC’s Final Rule Means for Fake Reviews, Testimonials

The Federal Trade Commission, as we previously reported, has published a Final Rule on consumer reviews and testimonials that prohibits certain practices the FTC deems to be deceptive or misleading in six areas: (1) fake or...more

What the FTC’s final rule means for reviews and testimonials - part I

The Federal Trade Commission (FTC) has published a long anticipated Final Rule that prohibits certain practices that the FTC deems misleading or deceptive when it comes to consumer reviews and testimonials. As we anticipated...more

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