News & Analysis as of

Federal Trade Commission (FTC) Unfair Competition

Akin Gump Strauss Hauer & Feld LLP

Combating Unfair Practices in the Live Entertainment Market (Trump EO Tracker)

Requires the Attorney General and the Federal Trade Commission (FTC) to ensure that competition laws are appropriately enforced in the concert and entertainment industry when venues, ticketing agencies, or a combination are...more

Zelle  LLP

Ninth Circuit Upholds Denial of American Booksellers Association’s Motion to Intervene in FTC v. Amazon.com

Zelle LLP on

On December 4, 2024, the Ninth Circuit upheld the District Court’s denial of the American Booksellers Association’s motion to intervene in an antitrust suit brought against Amazon.com by the FTC and 19 states. The Ninth...more

A&O Shearman

Ninth Circuit Affirms District Court’s Rejection Of Private State Law Claims Against Qualcomm

A&O Shearman on

On February 25, 2025, the Ninth Circuit Court of Appeals affirmed the United States District Court for the Northern District of California’s rejection of unlawful tying, exclusive dealing, and unfair competition claims...more

Troutman Pepper Locke

FTC, States Sue John Deere in Right to Repair Lawsuit

Troutman Pepper Locke on

On January 15, the Federal Trade Commission (FTC), Minnesota, and Illinois filed a lawsuit against Deere & Company (Deere). The complaint, which Michigan, Wisconsin, and Arizona have since joined, accuses Deere of creating...more

Hogan Lovells

FTC Chair announces Joint Labor Task Force, commits to facilitating President Trump’s war on DEI

Hogan Lovells on

The Federal Trade Commission (FTC), under the new leadership of Republican Chair Andrew Ferguson, has announced the formation of a Joint Labor Task Force to “prioritize rooting out and prosecuting deceptive, unfair, and...more

Seyfarth Shaw LLP

FTC Launches Joint Task Force to Investigate and Prosecute Non-Compete Agreements, as FTC Chairman declares the GOP a “Workers’...

Seyfarth Shaw LLP on

As Republicans regain control of the Federal Trade Commission (“FTC”) under the Trump-Vance Administration, employers that looked to maintain and enforce their non-compete agreements with employees may have found solace in...more

Stevens & Lee

New Labor Task Force to Investigate and Prosecute Unfair and Anticompetitive Labor Market Conduct

Stevens & Lee on

On Feb. 26, Federal Trade Commission (FTC) Chairman Andrew Ferguson issued a “Directive Regarding Labor Markets Task Force” pursuant to which a Joint Labor Task Force is being organized consisting of the Directors of the...more

Parker Poe Adams & Bernstein LLP

FTC's Scrutiny of Unfair Labor Competition Includes Non-Competes

While the Trump administration appears to have little interest in defending the Federal Trade Commission’s regulatory ban on non-competition agreements in employment, the agency recently signaled its intent to scrutinize at...more

Kilpatrick

FTC Launches First Ever “Joint Labor Task Force” Prioritizing Deceptive, Unfair, and Anticompetitive Labor Market Practices

Kilpatrick on

On February 26, 2025, the Federal Trade Commission (“FTC”) announced the launch of a Joint Labor Task Force (“Task Force”) aimed at “rooting out and prosecuting deceptive, unfair, and anticompetitive labor-market practices...more

Vinson & Elkins LLP

FTC Labor Market Task Force: A Surprising Continuation of Biden-Era Priorities

Vinson & Elkins LLP on

On February 26, 2025, the Federal Trade Commission (“FTC”) announced the formation of a Joint Labor Task Force aimed at addressing deceptive, unfair, and anticompetitive practices impacting labor markets. The FTC signaled an...more

Fisher Phillips

FTC’s New Task Force to Target Noncompetes: 5 Top Answers for Employers

Fisher Phillips on

In a somewhat surprising development, the Federal Trade Commission just announced that it intends to continue scrutinizing noncompete agreements and other arrangements the FTC feels are unfair to workers. Last week, Federal...more

Polsinelli

2024 Recap of Franchise Developments and 2025 Trends to Watch

Polsinelli on

There were a number of important and potentially impactful developments in 2024 that we predict will continuing developing and trending in 2025. Some of these topics are also discussed in other articles in this annual update....more

WilmerHale

FTC Launches Joint Labor Task Force: Trump 2.0 Continues Antitrust Focus on Labor Markets

WilmerHale on

On February 26, 2025, Federal Trade Commission (“FTC”) Chair Andrew Ferguson announced that the FTC would create the agency’s “first ever” Joint Labor Task Force (the “Task Force”), focusing on anticompetitive labor market...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC Launches Task Force to Protect Competition in Labor Markets, Scrutinize Noncompete Agreements

On February 26, 2025, Federal Trade Commission (FTC) Chairman Andrew N. Ferguson directed the agency to form a new “Joint Labor Task Force” that will focus on enforcing federal antitrust laws to protect competition in labor...more

Troutman Pepper Locke

FTC Refocuses Its Resources to Continue Its Work for Labor Market

Troutman Pepper Locke on

In what may be a surprise to those who thought that restrictions on the use of noncompetes would go away with the change in administration, this week, the Federal Trade Commission (FTC) announced that the agency will form a...more

Vedder Price

Pair of FTC Actions Underscore Continued Focus on Labor Issues

Vedder Price on

The FTC took two actions on February 26, 2025 to emphasize its continued focus on labor markets and to rededicate its efforts to a policy priority in common with those of the previous Administration. First, the FTC approved...more

Bradley Arant Boult Cummings LLP

New Chairman of the FTC: Can You Compete?

The Federal Trade Commission has a new chairman — Andrew Ferguson. Prior to becoming chairman, Ferguson was sworn in as an FTC commissioner in April 2024 under then-President Joe Biden. Ferguson’s designation as chairman may...more

Kohrman Jackson & Krantz LLP

DOJ and FTC Target Non-Compete Challenge as Antitrust Violation

During the run-up to President Trump’s inauguration, the U.S. Department of Justice and the Federal Trade Commission issued their collective “Guidelines” to explain how they will assess whether business practices violate the...more

Hogan Lovells

FTC opens discussion on “Technology Platform Censorship”

Hogan Lovells on

The FTC recently requested public comment “to better understand how technology platforms deny or degrade (such as by ‘demonetizing’ and ‘shadow banning’) users’ access to services based on the content of the users’ speech or...more

Cozen O'Connor

Florida’s New AG Takes Office, Arkansas Names Solicitor General & FTC Chairman Continues Appointments

Cozen O'Connor on

James Uthmeier was sworn in as Florida’s 39th AG on February 17, 2025. He succeeded former AG Ashley Moody, who was appointed to fill Marco Rubio’s Senate Seat. AG Uthmeier has also announced his transition team....more

Epstein Becker & Green

Amicus Brief Filed for 10 National Industry Organizations to Uphold District Court’s Order Setting Aside the FTC Noncompete Ban

Epstein Becker & Green on

The fight to resurrect the FTC’s Final Rule (the “Final Rule”) banning noncompetes continues in the U.S. Court of Appeals for the Fifth Circuit. In August 2024, mere days before the Final Rule was to take effect, Judge...more

Lathrop GPM

FTC Sues PepsiCo for Illegal Price Discrimination Under Robinson-Patman Act

Lathrop GPM on

The Federal Trade Commission recently sued PepsiCo, Inc. alleging that the company engaged in illegal price discrimination by providing a large retailer with unfair pricing advantages in violation of the Robinson-Patman Act....more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 4

Food delivery service GrubHub will pay $25 million in a pre-New Year settlement with the Federal Trade Commission (FTC) and has agreed to make comprehensive changes to its business practices to resolve charges that it engaged...more

Mogin Law LLP

A Safe Bet: FanDuel and DraftKings Are Stifling Competition

Mogin Law LLP on

Senators urge investigation of companies that share 80% of the online gambling market. In the lead-up to Super Bowl LIX fans were busily restocking their stores of face-paint, sharing recipes, and locking down their daily...more

A&O Shearman

Northern District Of California Applies Recent Epic v. Apple Precedent To Dismiss Antitrust Suit Before Closing Arguments

A&O Shearman on

On January 28, 2025, U.S. District Judge Araceli Martínez-Olguín granted judgment as a matter of law for defendant Intuitive Surgical, Inc. (“Intuitive” or “defendant”) on all claims brought by plaintiff, Surgical Instruments...more

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