FTC's merger remedies study
Conducting a sweepstakes promotion through a social media venue provides businesses with a potent marketing combination: Sweepstakes sponsors can increase engagement with their social media accounts, while increasing brand...more
As expected, the final guidelines expand the types of transactions that may receive heightened scrutiny or result in a merger challenge....more
While social media influencers were showing off pictures from the Amalfi Coast this summer, the Federal Trade Commission (FTC) was finalizing its guidelines regarding the endorsements that paid for their vacations in Italy....more
Thank you for reading the September 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the significant revisions to the FTC's guidelines for endorsements and examine the benefits of design...more
Effective July 26, 2023, the Federal Trade Commission (FTC) adopted revisions to its Guides Concerning Use of Endorsements and Testimonials in Advertising (the "Guides") to reflect the changing media landscape. The guides,...more
The two U.S. antitrust authorities—the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the “Agencies”)—have jointly proposed new Draft Merger Guidelines to replace...more
When it comes to advertising disputes, there are relatively few substantive decisions to inform best practices. The relevant law boils down to whether a claim constitutes “misleading or deceptive advertising,” which means...more
On August 26, 2022, the Federal Trade Commission (FTC) published its “Strategic Plan for Fiscal Years 2022–2026,” as required under the GPRA Modernization Act of 2010....more
Although the number of corporate mergers surged during President Biden’s first year in office, all signs point to a tougher regulatory environment for deals going forward. In 2021, $5.8 trillion changed hands as a result...more
The US Federal Trade Commission (FTC) has announced a series of new reviews scheduled for 2022 regarding key FTC guides and rules. Consumer-facing businesses should pay close attention to these reviews. While FTC reviews are...more
The Development: The U.S. Department of Justice ("DOJ") and a divided Federal Trade Commission ("FTC") released the final version of their Vertical Merger Guidelines, the first revision in more than 35 years. The Guidelines...more
The final Vertical Merger Guidelines issued on June 30, 2020 provide guidance to the business and legal communities on how the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) currently analyze the...more
Following their January publication of Draft Vertical Merger Guidelines (draft guidelines) for public comment, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) (collectively, the agencies) issued final...more
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) formally released the new Vertical Merger Guidelines on June 30, 2020, to provide insight to companies as to how the agencies will evaluate the...more
Non-profit organizations collect, use and disclose personal information just like any other for-profit industry. However, non-profit organizations often don’t have the same resources to devote to data security as their...more
On March 20, 2018, the U.S. Federal Trade Commission (FTC) issued updated guidance regarding compliance with antitrust laws for companies considering acquisitions, mergers, or joint ventures. While the FTC recognizes that...more
The use of beauty products is “an understudied source of environmental chemical exposures” with a disparate effect on women of color, George Washington University and Occidental College researchers argue. Ami R. Zota, et al.,...more
It has been so difficult to watch the news reports of the devastation and havoc left in the wake of Hurricane Harvey, and now anticipated this weekend by Hurricane Irma, which is being reported as the most powerful storm to...more
The Federal Trade Commission (FTC) – often criticized for not providing clear guidance as to what the agency considers reasonable data security – announced on Friday that it would publish a weekly blog discussing “lessons...more
Cybersecurity is “hot” and will stay “hot” for corporations, executives, regulators, law enforcement and legislators. Rarely is there a corporate compliance discussion in 2017 where cyber isn’t “the” topic or a material part...more
The Antitrust Division recently issued its 2017 annual spring update. The update emphasizes the Division’s recent litigation victories, particularly in the merger context. In his introductory remarks, Assistant Attorney...more
On January 13, 2017, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (the “Agencies”) issued updated Antitrust Guidelines for International Enforcement and Cooperation (“International...more
On Friday, January 13, 2017, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the new Antitrust Guidelines for International Enforcement and Cooperation. These guidelines were jointly developed by...more
On January 13, 2017, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (collectively, the “Agencies”) issued updated Antitrust Guidelines for the Licensing of Intellectual Property (“IP...more
On January 13, 2017, the Federal Trade Commission and the Antitrust Division of the US Department of Justice issued updated Antitrust Guidelines for the Licensing of Intellectual Property (the Guidelines). The revised...more