News & Analysis as of

Enforcement Section 5

Hogan Lovells

FTC announces return to rigorous enforcement of ban on unfair competition

Hogan Lovells on

On November 10, 2022, the Federal Trade Commission (FTC) issued a new policy statement announcing the agency’s intent to exercise broad enforcement discretion to challenge unfair competition based on the authority granted by...more

BCLP

The FTC Steps Up its Game on Endorsement Enforcement

BCLP on

As noted in this press release issued earlier this week, the Federal Trade Commission (“FTC”) has sent a Notice of Penalty Offenses to over 700 companies, in which the FTC cites a handful of past cases it has successfully...more

Foley & Lardner LLP

FTC Steps up Enforcement Against False Claims of Participation in the EU-U.S. Privacy Shield and Other International Privacy...

Foley & Lardner LLP on

Nearly three years ago, the EU-U.S. and Swiss-U.S. Privacy Shield frameworks replaced the U.S.-EU and U.S.-Swiss Safe Harbor programs as a self-certification mechanism to transfer personal data from the European Union and...more

White and Williams LLP

The FTC Wants More Power to Investigate Corporate Data Privacy Violations - Will Cyber Insurance Cover the Costs of a Company's...

White and Williams LLP on

On May 8, 2019, all five commissioners of the U.S. Federal Trade Commission (FTC) testified before a congressional hearing on data privacy regulation and enforcement. At the hearing, the FTC commissioners testified that the...more

Epstein Becker & Green

When Conversation Becomes an Antitrust Violation

Epstein Becker & Green on

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), provides the Federal Trade Commission (“FTC”) with broad authority to address “unfair methods of competition.” Although Congress chose not to define the...more

McDermott Will & Emery

President-Elect Trump Has Once-in-a-Century Opportunity to Substantially Revise the FTC’s Law Enforcement and Regulatory Agenda

McDermott Will & Emery on

SUMMARY: Regulatory reform is the “cornerstone of the Trump administration,” and incoming President Donald Trump has a unique opportunity to quickly and substantially influence Federal Trade Commission (FTC) policy through...more

McDermott Will & Emery

FTC Sees Disconnect on Proposed Connected Cars Legislation

McDermott Will & Emery on

The Energy & Commerce Committee of the U.S. House of Representatives held a hearing on October 21st titled “Examining Ways to Improve Vehicle and Roadway Safety” to consider (among other matters) Vehicle Data Privacy...more

Morrison & Foerster LLP

Key Take-Aways From the FTC’s New Section 5 Statement

The Federal Trade Commission’s New Section 5 Statement Preserves the Agency’s “Doctrinal Flexibility” but Fails to Provide Meaningful Concrete Guidance - On August 13, 2015, the Federal Trade Commission (FTC) released...more

McDermott Will & Emery

FTC Merger Review Likely to Incorporate Analysis of Privacy Issues

The Federal Trade Commission (FTC or the Commission), along with the U.S. Department of Justice, can challenge mergers it believes will result in a substantial lessening of competition – for example through higher prices,...more

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