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Antitrust Violations › FTC Act › Unfair or Deceptive Trade Practices

Troutman Pepper Locke

Navigating FTC CIDs

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On March 10, Christopher Mufarrige, the newly-appointed Director of the Bureau of Consumer Protection at the Federal Trade Commission (FTC), published a blog explaining the significance of Civil Investigative Demands (CIDs)...more

Alston & Bird

FTC Announces Proposed Settlement with GoDaddy Incorporating Prescriptive Cybersecurity Requirements

Alston & Bird on

On January 15, 2025, the Federal Trade Commission (FTC) announced a proposed settlement with GoDaddy Inc. (GoDaddy) for making false or misleading representations about their security practices in violation of Section 5 of...more

A&O Shearman

The FTC Abandons (The Rule of) Reason

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On November 10, 2022, the Federal Trade Commission (FTC) issued a policy statement (the “Policy Statement”) radically expanding the FTC’s interpretation of prohibited “unfair methods of competition” under Section 5 of the FTC...more

Epstein Becker & Green

FTC Commissioner Favors Fairness over Efficiency

Epstein Becker & Green on

On September 22, 2022, Commissioner Alvaro Bedoya of the Federal Trade Commission (FTC) delivered a speech entitled “Returning to Fairness,” challenging basic tenets of antitrust law and current enforcement....more

WilmerHale

FTC’s First Open Meeting Highlights Aggressive Enforcement Priorities and Partisan Divide

WilmerHale on

On Thursday, July 1, the Federal Trade Commission held its first meeting under Chair Lina M. Khan and first open business meeting in over twenty years. The Commission considered four items during the nearly two hour long...more

Kelley Drye & Warren LLP

Section 13(b) at the Start of the Supreme Court’s October Term: Where Things Stand, Where They’re Likely to End, And A Proposed...

Kelley Drye & Warren LLP on

The Supreme Court’s new term began last Monday. This new term has taken on heightened significance with President Trump’s nomination of current Seventh Circuit Judge Amy Coney Barrett to the High Court. President Trump and...more

Proskauer - Minding Your Business

Price Gouging and Services: Third-Party Food Delivery Price Gouging?

Proskauer - Minding Your Business on

As new restrictions addressing the economic impacts of COVID-19 continue to be proposed, some are targeting price increases for services. Businesses may want to re-familiarize themselves with the “services” covered by...more

Jones Day

Seventh Circuit Curtails FTC's Authority to Seek Restitution

Jones Day on

The Situation: Overruling its precedent, the United States Court of Appeals for the Seventh Circuit held that the Federal Trade Commission ("FTC") may not seek restitution under FTC Act Section 13(b) because the statute,...more

Orrick, Herrington & Sutcliffe LLP

Seventh Circuit Rejects FTC Authority to Obtain Equitable Money Relief Under Section 13(b) of the FTC Act

Orrick, Herrington & Sutcliffe LLP on

On August 21, 2019, the U.S. Court of Appeals for the Seventh Circuit held in FTC v. Credit Bureau Center, LLC, 2019 WL 3940917 (7th Cir. 2019) that the Federal Trade Commission (“FTC”) lacks authority to obtain monetary...more

Ballard Spahr LLP

FTC’s Section 13(b) Powers Undermined by Two Circuit Courts

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Two recent Circuit Court opinions have significantly undermined the FTC’s powers under Section 13(b) of the Federal Trade Commission Act (FTCA).  These pivotal decisions may ultimately require the U.S. Supreme Court to...more

Epstein Becker & Green

Third Circuit Curtails FTC’s Ability to Seek Judicial Review of Past Antitrust Violations

Epstein Becker & Green on

The Federal Trade Commission Act (“Act”) declares “unfair methods of competition to be unlawful” and gives the Federal Trade Commission (“FTC”) multiple tools to combat such conduct. Section 5(b) of the Act provides the FTC...more

Orrick, Herrington & Sutcliffe LLP

Courts Question FTC Enforcement Method

Orrick, Herrington & Sutcliffe LLP on

The FTC has long asserted it has the authority to bring actions in federal court to obtain injunctive relief and equitable monetary remedies (e.g. disgorgement, consumer redress) for unfair and deceptive practices....more

Troutman Pepper Locke

Recent FTC Settlement Confirms Enforcement Priority to Protect Employees From Employer Collusion

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On July 31, the FTC published its settlement with Therapy Source, LLC; its owner, Sheria Yarbray; and Neeraj Jindal, the former owner of a competing staffing company — Integrity Home Therapy (collectively, the respondents)....more

Dechert LLP

FTC Raises Maximum Civil Penalty to $40,000; HSR Act and Other Continuing Violations May Incur Civil Penalties of Over $14 million...

Dechert LLP on

Key Points: The FTC is raising the maximum civil penalty that may be imposed for certain violations from $16,000 to $40,000. For HSR Act violations, where penalties may be imposed for each day the person is in...more

Baker Donelson

Recent Enforcement Under Section 5 of the FTC Act: So That's What a Standalone Claim of Unfair Competition Looks Like

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Last August, the Federal Trade Commission issued its Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (Statement), in an effort to provide clarity with respect to...more

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