News & Analysis as of

Biden Administration FTC Act

Vedder Price

FTC Chair Issues Statement on Merger Remedies

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In an eight-page Statement joined by the two other sitting Commissioners, FTC Chair Andrew Ferguson on May 30, 2025 explained his reasoning for accepting a divestiture remedy proposed by Synopsis, Inc. and Ansys, Inc. to...more

Wilson Sonsini Goodrich & Rosati

And Just Like That: Remedies Are Back at the FTC

The Federal Trade Commission (FTC or Commission) recently announced that it will require Synopsys, Inc. (Synopsys) and Ansys, Inc. (Ansys) (together, “the parties”) to divest certain assets to resolve antitrust concerns...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Merger Trials: Winning Strategies

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Constangy, Brooks, Smith & Prophete, LLP

Out again: Court pauses order that prevented removal of NLRB’s Gwynne Wilcox

The termination of NLRB Member Gwynne Wilcox is back in place, at least for the time being. Earlier this month, Judge Beryl A. Howell issued an injunction that blocked President Trump and Marvin Kaplan, Chairman of the...more

BakerHostetler

Robinson-Patman Revival or Lame Duck Hail Mary? FTC Brings First Price Discrimination Case in Decades

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On December 12, 2024, the Federal Trade Commission (FTC) filed its first Robinson-Patman Act case in more than 20 years, just as the White House is set to change parties and the balance of power on the FTC will swing...more

Wilson Sonsini Goodrich & Rosati

In Case You Missed It: The ABA Antitrust Section's Fall Forum

On November 14, 2024, the American Bar Association (ABA) held its annual Antitrust Fall Forum in Washington, D.C., co-chaired this year by Wilson Sonsini partner Taylor M. Owings. The Forum was a chance for the antitrust bar...more

Venable LLP

Overview of U.S. Copyright Office Report Regarding Artificial Intelligence and Digital Replicas

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The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...more

Wyrick Robbins Yates & Ponton LLP

Broker Face: The Protecting Americans' Data from Foreign Adversaries Act Creates New High Stakes Federal Data Broker Requirements

On April 24, 2024, Congress made headlines by passing a complex foreign aid package, which included the much-discussed TikTok “divest-or-ban” legislation. What received less attention was the Protecting Americans’ Data from...more

Parker Poe Adams & Bernstein LLP

What Physicians and Their Practices Need to Know About FTC's Noncompete Ban

On April 23, the Federal Trade Commission (FTC) approved a long-anticipated final rule that will effectively ban the use of noncompete clauses by employers, with a few limited exceptions....more

Venable LLP

FTC Strikes Down Noncompete Agreements

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On April 23, 2024, the Federal Trade Commission (FTC) greenlit a sweeping prohibition on the use of noncompete agreements by for-profit employers nationwide. In a party-line vote, the FTC voted 3–2 to approve a final rule...more

Cadwalader, Wickersham & Taft LLP

The Biden Administration’s “Extensive Review of Interlocking Directorates Across the Entire Economy” May Put Your Board...

The identification, investigation and removal of persons who serve as directors or officers of two competing companies (i.e., “horizontal interlocks”) is a significant component of the Biden Administration’s antitrust...more

BakerHostetler

How FTC History Did Not Affect the FTC’s Approach to Non-Competes (but Should Have?): From the Nader Report to the Present

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On April 23, the FTC issued its much-anticipated Final Rule banning worker non-competes. The Final Rule targets the Biden administration’s goal of reducing barriers to employee mobility....more

Venable LLP

Data Restrictions in the 21st Century Peace through Strength Act

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On April 20, 2024, the House of Representatives passed H.R.8038, the 21st Century Peace through Strength Act ("supplemental"), which includes a version of H.R.7520, the Protecting Americans' Data from Foreign Adversaries Act...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

Perkins Coie

The American Privacy Rights Act: Could This Be the One?

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The chair of the U.S. Senate Committee on Commerce, Science, and Transportation, Maria Cantwell (D-WA), and the chair of the U.S. House Committee on Energy and Commerce, Cathy McMorris Rodgers (R-WA), released a discussion...more

Faegre Drinker Biddle & Reath LLP

Biden Administration Announces New Initiative to Challenge Unfair and Illegal Pricing Practices

On March 5, 2024, the Biden administration announced the launch of a “strike force” aimed at cracking down on unfair and illegal pricing practices. The strike force is one in a series of three new actions announced by...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...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

Katten Muchin Rosenman LLP

FTC Unveils Sweeping Rule to Tackle 'Junk Fees' and Redefine Consumer Pricing Transparency - Kattison Avenue | Issue 11

In response to the Biden administration's resounding call for more transparency in consumer pricing, the Federal Trade Commission (FTC) has unveiled a proposed rule on "junk fees," setting the stage to significantly impact...more

Jenner & Block

Non-Competes Under Attack

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In January 2023, the Federal Trade Commission (FTC) issued a proposed rule that would render virtually all non-competes, including even most agreed to as part of a sale of a business, unfair methods of competition and,...more

Benesch

The U.S. is Scrambling to Regulate AI Without a Comprehensive Plan

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While the European Union sprints ahead with draft legislation to closely regulate artificial intelligence (AI), the United States (U.S.) lags behind its western counterpart, leaving little regulatory guidance for U.S. AI...more

Epstein Becker & Green

Final FTC Rule on Non-Competes Not Expected Before April 2024

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According to Bloomberg, The Federal Trade Commission (“FTC”) is not expected to vote on the final version of a new rule that would ban noncompete clauses in employment contracts until April 2024. The rule defines a...more

Epstein Becker & Green

#WorkforceWednesday: FTC Proposes Ban on Non-Competes - Employment Law This Week® - Spilling Secrets Podcast

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This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed rule that would ban...more

Proskauer - Law and the Workplace

Legislation Seeking to Ban Non-Competes Reintroduced in Congress

On February 1, 2023, a coalition of U.S. Senators and Members of the House of Representatives reintroduced a bill titled the Workforce Mobility Act (the “Act”), seeking to prohibit the use and enforcement of post-employment...more

Williams Mullen

Navigating the FTC’s Proposed Rule Banning Non-Competes

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Williams Mullen attorneys Jim Burns (Antitrust & Trade Regulation) and Laura Windsor (Labor, Employment & Immigration) discuss the recent seismic movements at the FTC regarding a proposed rule banning non-competes in...more

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