Antitrust and tech is in the legal news almost daily, and often multiple times a day. Here are a few recent developments with notable implications that may have flown under the radar: 1) renewed focus on gig economy issues;...more
In 1984, the Supreme Court ruled unanimously that courts must defer to an administrative agency’s reasonable interpretation of an ambiguous statute. But last year, the Supreme Court stripped the FTC of its ability to seek...more
2/7/2022
/ Acquisition Agreements ,
Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Administrative Review ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Certiorari ,
Competition ,
Constitutional Challenges ,
Due Process ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
FTC Act ,
Merger Controls ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Statutory Interpretation
Continuing our “On Notice” series about the FTC’s Notice of Penalty Offenses Concerning Endorsements, we address the FTC’s prohibition against using testimonials to (1) make or imply unsubstantiated or otherwise deceptive...more
1/12/2022
/ Advertising ,
Endorsements ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Influencers ,
Marketing ,
Online Endorsements ,
Online Platforms ,
Regulatory Standards ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The FTC indicated that it will use its rulemaking authority under the FTC Act’s Section 18 to create a new rule that will likely seek to rein in broad data collection and use.
...more
12/23/2021
/ Bright-Line Rule ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data Security ,
Discrimination ,
Federal Trade Commission (FTC) ,
FTC Act ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
Surveillance ,
Targeted Digital Advertising
Earlier this year, we blogged about the Supreme Court’s decision in AMG v. FTC, which significantly curtailed the FTC’s ability to seek monetary restitution under Section 13(b) of the FTC Act. One quick update there: The...more
8/5/2021
/ Advertising ,
AMG Capital Management LLC v FTC ,
Cancellation Rights ,
Damages ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Goods or Services ,
Injunctive Relief ,
Internet Retailers ,
ROSCA ,
Unfair or Deceptive Trade Practices