On Friday, January 30, 2026, Andrew Ferguson, the Chairman of the Federal Trade Commission (FTC), sent warning letters to over 40 law firms about their purported involvement in the Mansfield Certification program, a diversity...more
A recent federal district court decision in FTC v. Edwards Lifesciences adds another win to U.S. enforcers’ efforts to apply traditional antitrust principles to mergers involving early‑stage or pre‑commercial products. ...more
2/3/2026
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Provisions ,
Early Stage Companies ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Life Sciences ,
Medical Devices ,
Mergers ,
Preliminary Injunctions ,
Research and Development ,
Section 7 ,
The Clayton Act
The Federal Trade Commission (“FTC”) recently announced revised thresholds (“2026 Thresholds”) applicable to interlocking directorates under Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually...more
Companies would be wise to start the new year by reviewing their policies for compliance with the FTC Rule on Consumer Reviews & Testimonials, as warning letters sent by the Federal Trade Commission signal that this may be an...more
1/6/2026
/ Advertising ,
Consumer Protection Laws ,
Corporate Counsel ,
Disclosure Requirements ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Final Rules ,
Online Reviews ,
Regulatory Oversight ,
Social Media ,
Social Networks ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) has issued warning letters to thirteen property management software providers notifying them that their pricing practices may violate consumer protection and antitrust laws. The warning...more
12/17/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hidden Fees ,
New Legislation ,
Pricing ,
Property Management Companies ,
Rental Property ,
Software ,
Unfair or Deceptive Trade Practices ,
Warning Letters
In recent weeks, there have been significant developments in the legal landscape of pricing and pricing algorithm laws in New York and California. In light of the quickly changing law on pricing, clients should be thinking...more
In Media Matters v. Federal Trade Commission, the Federal Trade Commission (FTC) suggested that issues surrounding the scope, validity, and enforceability of a civil investigative demand (CID) should be addressed during an...more
Last week, in a 3-1 vote, the Federal Trade Commission (“FTC”) formally withdrew its notice of appeal in Ryan, LLC v. FTC, and with that, officially rescinded the Non-Compete Clause Rule (the “Rule”) it issued last summer...more
The European Commission (the “Commission”) has fined Delivery Hero and Glovo €329 million for their involvement in an online food delivery cartel. ...more
8/14/2025
/ Anticompetitive Behavior ,
Antitrust Investigations ,
Cartels ,
Competition Authorities ,
Corporate Fines ,
Delivery Drivers ,
Employees ,
Enforcement Actions ,
European Commission ,
Germany ,
Merger Controls ,
Minority Shareholders ,
Spain
The Eighth Circuit Court of Appeals has issued a per curiam opinion vacating the FTC’s Click-to-Cancel Rule based on the Federal Trade Commission (FTC)’s failure to comply with a procedural requirement in the FTC Act. This...more
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
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
3/24/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
Healthcare ,
Horizontal Merger Guidelines ,
Likelihood of Harm ,
Mergers ,
Private Equity ,
Technology Sector
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
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
1/28/2025
/ Antitrust Provisions ,
Competition ,
Consumer Privacy Rights ,
Data Collection ,
Data Privacy ,
Excessive Pricing ,
Federal Trade Commission (FTC) ,
Information Reports ,
Personal Data ,
Pricing ,
Product Pricing ,
Surveillance ,
Unfair or Deceptive Trade Practices
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
1/20/2025
/ Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Elon Musk ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interlocking Directorate ,
Microsoft ,
Section 8 ,
The Clayton Act
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
12/31/2024
/ Antitrust Litigation ,
Competition ,
Distributors ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Manufacturers ,
Presidential Nominations ,
Price Discrimination ,
Product Pricing ,
Robinson-Patman Act ,
Supply Chain
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
12/27/2024
/ Disclosure Requirements ,
Event Tickets ,
Excessive Fees ,
Federal Trade Commission (FTC) ,
Fees ,
Final Rules ,
Hidden Fees ,
Hospitality Industry ,
Hotels ,
Ticket Pricing ,
Unfair or Deceptive Trade Practices
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
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
12/17/2024
/ Administrative Law Judge (ALJ) ,
Agricultural Sector ,
Antitrust Division ,
Biden Administration ,
Big Tech ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Presidential Nominations ,
Regulatory Agenda ,
Sherman Act ,
Trump Administration
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
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
11/20/2024
/ Cancellation Rights ,
Compliance ,
Consent ,
Consumer Contracts ,
Disclosure Requirements ,
Federal Register ,
Federal Trade Commission (FTC) ,
Final Rules ,
Misrepresentation ,
ROSCA ,
Subscription Services
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
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
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
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