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FTC Act Competition Unfair or Deceptive Trade Practices

Cozen O'Connor

FTC Task Force to Target Anticompetitive Labor-Market Practices

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The FTC announced that it is directing its Bureau of Competition, Bureau of Consumer Protection, Bureau of Economics, and Office of Policy Planning to form a Joint Labor Task Force to address deceptive, unfair, and...more

Kelley Drye & Warren LLP

What’s Next for the Green Guides? Insights from Commissioner Holyoak’s Remarks at CPG

Green marketing is very much in vogue, and so is suing companies over their green marketing. If you want to avoid those suits, you should generally start by looking at the FTC’s Green Guides. But a lot has changed since the...more

Wiley Rein LLP

FTC Seeks Comment on Tech Content Moderation Policies

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Federal Trade Commission (FTC) staff announced a Request for Information (RFI) on February 20 seeking public comments on “how consumers may have been harmed by technology platforms that limited their ability to share ideas or...more

BakerHostetler

The End of the Khan Era

BakerHostetler on

After much conversation, it is now official. Andrew Ferguson is the new chair of the Federal Trade Commission and Lina Khan is not, though she remains until January 31....more

Sheppard Mullin Richter & Hampton LLP

FTC Approves Compulsory Process for AI-related Products and Services

On November 21, the FTC voted 3-0 to approve the omnibus resolution authorizing the use of compulsory process in nonpublic investigations involving products and services that use or claim to be produced using artificial...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: Shining a Bright Light on Digital Dark Patterns

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Our special guest is Andrew Nigrinis, PhD, who formerly served as Enforcement Economist for the Consumer Financial Protection Bureau. We first discuss what is meant by “dark patterns” and the types of digital practices...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 Tries Again to Provide Guidance on Enforcement Under Section 5 of FTC Act

Epstein Becker & Green on

The Federal Trade Commission (FTC) is authorized, pursuant to section 5 of the Federal Trade Commission Act (the “Act”), to address “unfair methods of competition.”...more

Ballard Spahr LLP

FTC’s New Section 5 Policy Statement Signals Significant Expansion of the Agency’s Enforcement Authority

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Summary - The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.” ...more

Stinson LLP

FTC Announces Expanded Enforcement Authority

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Late last week, the Federal Trade Commission (FTC) issued formal guidance regarding the scope of its enforcement authority under Section 5 of the FTC Act. This guidance previews a material expansion of the FTC’s enforcement...more

Wilson Sonsini Goodrich & Rosati

FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more

Morgan Lewis

Federal Trade Commission Announces Expanded Enforcement Authority Under Section 5 of the FTC Act

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The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the scope of Section 5 of the FTC Act on November 10, 2022. The updated guidance expands what the FTC may consider to be “unfair”...more

Proskauer - Advertising Law

On Notice: Continued Use of Endorsements

Continuing our series on the FTC’s Notice of Penalty Offenses Concerning Endorsements, this post considers the FTC’s statement that it is unlawful under Section 5 of the FTC Act “for an advertiser to continue to advertise an...more

Akin Gump Strauss Hauer & Feld LLP

FTC Unanimously Adopts Right to Repair Policy Statement

On Wednesday, July 21, the Federal Trade Commission (FTC or the “Commission”) unanimously voted to issue a new policy statement to target unlawful right to repair acts or practices that violate competition laws or Section 5...more

Proskauer - Minding Your Business

Zillow Change to Its Platform Poses New Antitrust Questions

A major technology innovator finds itself on the defensive this week after a start-up company filed an antitrust lawsuit for alleged deceptive business practices. A tech-based online broker named Rex alleged that the National...more

Oberheiden P.C.

Eight Points to Know About FTC Subpoenas

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What Is the Federal Trade Commission (“FTC”)? The Federal Trade Commission (“FTC”) is a federal agency that enforces consumer protection laws and competition regulation in the United States. Its dual mission is (1) to...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

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

McDermott Will & Emery

Federal Judge Finds Qualcomm Violated the FTC Act Through Monopolistic and Exclusionary Conduct

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Yesterday, a California federal judge ruled in favor of the Federal Trade Commission (FTC) in its suit against Qualcomm in a much-anticipated decision, concluding that Qualcomm violated the FTC Act by maintaining its monopoly...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

Holland & Knight LLP

Food and Beverage Law Update: June 2018

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Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more

Morgan Lewis

FTC Scrutinizes Dual Distributor Communications

Morgan Lewis on

A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (FTC) has charged a company with violating Section 5 of the FTC...more

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