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Does Trump’s AI Action Plan Handcuff the FTC and Antitrust Enforcement? — AI: The Washington Report

With its existing authority, the Federal Trade Commission was considered a likely situs for federal regulatory and antitrust enforcement vis-à-vis AI. However, instead President Trump’s AI Action Plan directs the FTC to...more

FTC Chair Ferguson Tells Congress Agency Needs Extra Resources to Enforce AI Deepfake Act, and Trump Signs Nuclear Energy EO — AI:...

On May 15, FTC Chair Andrew Ferguson testified to the House Appropriations Committee that his agency needs additional resources to fulfill its enforcement obligations under the TAKE IT DOWN Act, which bans AI-generated...more

Trump Repeals Biden AI Chip Controls and FTC Scrutinizes AI Claims — AI: The Washington Report

On May 7, the Trump administration announced plans to rescind a Biden-era AI chip export control rule and replace it with a new rule. “The Biden AI rule is overly complex, overly bureaucratic and would stymie American...more

Commerce Department Investigates National Security of Semiconductors, and US Attorney Indicts AI CEO for Fraud — AI: The...

On April 1, the Department of Commerce (Commerce) launched a Section 232 investigation into the national security of semiconductor imports. On April 16, Commerce published a Request for Information (RFI) seeking public...more

DOJ Scraps Proposal to Require Google to Sell AI Investments — AI: The Washington Report

The Department of Justice (DOJ), along with 38 state attorneys general, has backed away from part of its proposed remedy in the Google antitrust case that would have required Google to divest its AI investments and forgo...more

FTC Blog Outlines Factors for Companies to Consider About AI — AI: The Washington Report

The FTC staff recently published a blog post outlining four factors for companies to consider when developing or deploying AI products to avoid running afoul of the nation’s consumer protection laws. The blog post does...more

G7 Competition Authorities, Including DOJ and FTC, Release Joint Statement on AI Competition — AI: The Washington Report

On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges. The...more

DOJ Deputy Chief Announces “Stiffer Sentences” for AI-Related White-Collar Crime — AI: The Washington Report

Department of Justice (DOJ) Deputy Attorney General Lisa Monaco’s March 7, 2024, speech addressed the agency’s current enforcement stance towards AI. In the speech, Monaco reiterated that there are no AI exemptions to the...more

SEC Chair Doubles Down on AI Conflict of Interest Rules, Warns Firms Not to “AI-Wash” — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This issue covers recent statements by US Securities and Exchange Commission...more

FTC Follows Through on Promise to Roll Over Health Care Roll Ups

Since the beginning of Chair Khan’s tenure at the Federal Trade Commission (and in line with President Biden’s aim to curb rising health care costs), the current FTC has committed to bring enforcement actions against health...more

Unanimous Federal Trade Commission Orders Illumina, Inc. to Divest GRAIL, Inc.

The Federal Trade Commission (“FTC”) announced Monday that it had reversed its in-house Administrative Law Judge’s (“ALJ”) Initial Decision dismissing a complaint brought by FTC staff against Illumina, Inc.’s acquisition of...more

The Tail Cannot Wag the Dog: the U.S. Supreme Court Rules that the FTC Cannot Seek Equitable Monetary Relief in Section 13(b)...

On April 22, 2021, in a unanimous decision authored by Justice Stephen Breyer, the U.S. Supreme Court ruled that the Federal Trade Commission (“FTC”) does not have the authority to seek monetary relief under Section 13(b) of...more

DOJ Reaches Acquisition Settlement with Geisinger, Evangelical; Demonstrates Department’s Willingness to Challenge a Minority...

Last week, Geisinger Health (“Geisinger”) and Evangelical Community Hospital (“Evangelical”) reached a settlement agreement with the Department of Justice (“DOJ”), resolving the DOJ’s ongoing litigation challenging...more

Washington State AG Alleges Price Fixing and Sues to Break Up Rapidly Expanding Health System

After five years of growth through a series of acquisitions, the Washington State Attorney General’s office filed a lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System (“CHI Franciscan”)...more

Activist Investor to Pay Record Fine for Violating HSR Reporting Requirements

The Department of Justice (“DOJ”) announced this week that an activist investment manager has agreed to pay a record $11 million to settle allegations that it violated the requirements of the Hart-Scott-Rodino Antitrust...more

FTC Sets Berks County’s Broken Orthopedic Market

Keystone Orthopaedic Specialists, LLC (“Keystone”), and Orthopaedic Associates of Reading, Ltd. (“OA”) reached a settlement with the Federal Trade Commission last week that they had violated the antitrust laws through the...more

Investment Fund Violates “Investment-Only” HSR Exemption

At the request of the Federal Trade Commission (“FTC” or “Commission”), the Department of Justice (“DOJ”) filed this week in federal court a proposed settlement to charges that an investment fund violated the...more

Another FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD...

The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical...more

FTC Settles Radioactive Allegations Against Cardinal Health with a Near Record-Breaking Disgorgement Agreement

In a 3-2 decision, as part of its aggressive antitrust enforcement in health care industries, the Federal Trade Commission (FTC or the Commission) announced that Cardinal Health, Inc. (Cardinal) agreed to pay $26.8 million to...more

DOJ Antitrust Enforcers Take to the Bully Pulpit on Prosecuting Antitrust Crimes and Antitrust Compliance Programs

In recent years, antitrust criminal enforcement efforts have increased around the world. These efforts focus mainly on cartels — which the Supreme Court calls “the supreme evil of antitrust” — that conspire to fix prices, rig...more

Federal Trade Commission Extends In re Polygram’s “Inherently Suspect” Anticompetitive Analysis to Endorsements

The Federal Trade Commission’s (“FTC”) recent settlement with ski manufacturers Marker Volkl (International) GmbH (“Marker Volkl”) and Tecnica S.p.A. (“Tecnica”) continues to expand the scope of “inherently suspect” business...more

Is There a Maverick in the House? The FTC’s Resolution of the Fidelity National Financial – Lender Processing Services Deal ...

Under the antitrust merger guidelines, a maverick is a firm “that plays a disruptive role in the market to the benefit of customers.” In Washington political circles, a maverick often refers to a politician that does not hew...more

What a Difference 16 Years Can Make: FTC Approves Merger Between Office Superstore Giants Office Depot and OfficeMax

In 1997, most people thought of Amazon.com as mainly an online bookseller, you couldn't buy groceries at Wal-Mart or Target, and if you wanted floppy disks, VHS tapes, or a fax machine, you drove to your local Staples,...more

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