News & Analysis as of

Enforcement Authority Antitrust Provisions Federal Trade Commission (FTC)

WilmerHale

Notes from the Multipolar Global Front: Navigating Multinational Antitrust Merger Reviews

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Recent developments have made navigating multinational antitrust merger reviews even more complex and replete with traps for the unwary. ...more

Latham & Watkins LLP

Enforcement of “Interlocking Directorates” Accelerates With DOJ-Announced Resignations and FTC Consent Agreement

Latham & Watkins LLP on

Companies should take a proactive approach as US antitrust agencies continue to enforce Section 8 of the Clayton Act. The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) Antitrust Division (the...more

Ballard Spahr LLP

FTC’s New Section 5 Policy Statement Signals Significant Expansion of the Agency’s Enforcement Authority

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Summary - The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.” ...more

Stinson LLP

FTC Announces Expanded Enforcement Authority

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Late last week, the Federal Trade Commission (FTC) issued formal guidance regarding the scope of its enforcement authority under Section 5 of the FTC Act. This guidance previews a material expansion of the FTC’s enforcement...more

Morgan Lewis

Federal Trade Commission Announces Expanded Enforcement Authority Under Section 5 of the FTC Act

Morgan Lewis on

The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the scope of Section 5 of the FTC Act on November 10, 2022. The updated guidance expands what the FTC may consider to be “unfair”...more

Kohrman Jackson & Krantz LLP

Possible Anti-Trust Legislation in eCommerce and Amazon’s Plea for Opposition

Up for consideration before the 117th Congress this year is Senate Bill 2992 (S. 2992); known as the American Innovation and Choice Online Act (the eCommerce Antitrust Act). The purpose of the eCommerce Antitrust Act is to...more

WilmerHale

FTC’s First Open Meeting Highlights Aggressive Enforcement Priorities and Partisan Divide

WilmerHale on

On Thursday, July 1, the Federal Trade Commission held its first meeting under Chair Lina M. Khan and first open business meeting in over twenty years. The Commission considered four items during the nearly two hour long...more

BCLP

New Antitrust Bills Highlight Continued Big Tech Scrutiny

BCLP on

2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more

WilmerHale

Democratic FTC Commissioner Merger Dissents: A Roadmap for the Future?

WilmerHale on

In recent years, both Republican and Democratic-led antitrust agencies have pursued aggressive merger enforcement programs, litigating many cases and settling many more. However, “populist” and other progressive critics have...more

Proskauer Rose LLP

Price Gouging Weekly Round Up

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Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round-up highlights some of the most relevant news and information to our clients and friends. ...more

Kelley Drye & Warren LLP

Section 13 (b)log: Business As Usual? FTC Practice in the Wake of Shire ViroPharma and Credit Bureau Center

Kelley Drye & Warren LLP on

The reach of Section 13(b) of the FTC Act – and the extent of the FTC’s enforcement authority — has been a hotly-debated topic following the Third Circuit’s decision in Shire ViroPharma and the Seventh Circuit’s decision in...more

Carlton Fields

Seventh Circuit Reins in Federal Trade Commission's Implied Powers

Carlton Fields on

The Seventh Circuit recently reduced the scope of one of the Federal Trade Commission's most effective enforcement tools, the power to seek restitution for violations of consumer protection laws. The decision in Federal Trade...more

Seyfarth Shaw LLP

Seventh Circuit Limits Scope of Federal Trade Commission’s Enforcement Authority

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The Seventh Circuit issued a decision recently that eliminates an enforcement tool long used by the Federal Trade Commission (“FTC”)—the ability to obtain equitable monetary relief from defendants when the FTC challenges...more

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