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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

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

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

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