News & Analysis as of

Federal Trade Commission (FTC) Supreme Court of the United States Antitrust Provisions

Stevens & Lee

Has Humphrey’s Executor Been Effectively Overruled on the Supreme Court’s Emergency Docket with Impact on the FTC?

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The Supreme Court last week granted the stay requested by the Government enjoining the enforcement of the U.S. District Court for the District of Columbia’s orders involving President Trump’s firing of members of the National...more

Hogan Lovells

Shakeup at the FTC: Agency enters uncharted territory following President Trump’s firing of Democratic Commissioners

Hogan Lovells on

On March 18, 2025, President Donald Trump fired the two remaining Democratic Commissioners on the Federal Trade Commission (FTC), Rebecca Kelly Slaughter and Alvaro Bedoya. Their firing sets the stage for a potential...more

Husch Blackwell LLP

What We're Watching: State Attorneys General Offices in 2025

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As the Oval Office and Congress flip to Republican control, we expect more state AG-led efforts to impact public policy. Shortly after the New Year, we gathered together attorneys from our State Attorneys General team to...more

Morrison & Foerster LLP

The FTC’s Final “Click-to-Cancel” Rule Faces Legal and Political Hurdles

The fate of the FTC’s long-awaited final “Click-to-Cancel” rule has become tangled in uncertainty as it faces numerous lawsuits and the new incoming presidential administration. In October, the FTC published its Final Rule...more

Lighthouse

Navigating Antitrust Enforcement: The Supreme Court Decision on Chevron Doctrine

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Summary: Understanding the context of the Chevron doctrine decision is important to prepare for the unpredictability of antitrust enforcement. Our recommendations for in-house counsel help to jumpstart your game plan....more

Bradley Arant Boult Cummings LLP

Turning the Tables: Kroger Sues the FTC

In February of this year, the Federal Trade Commission (FTC) brought an administrative complaint to block Kroger Company’s $24.6 billion merger with Albertsons Companies, Inc., citing antitrust concerns. On August 19, 2024,...more

Jenner & Block

Client Alert: Senator J.D. Vance Calls for FTC and DOJ to Investigate Admissions Practices of Universities in the Wake of SFFA

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On August 10, 2023, Sen. J.D. Vance, R-Ohio, called for the Federal Trade Commission and the U.S. Department of Justice to investigate top universities for allegedly coordinating their admissions policies following the U.S....more

Troutman Pepper Locke

EDVA Judge Denies Motion to Transfer Antitrust Action Against Google to the SDNY

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In perhaps the first case addressing transfer of a federal antitrust action to an MDL court, Judge Leonie Brinkema of the Alexandria Division of the EDVA recently denied a motion to transfer an antitrust action against Google...more

Fenwick & West LLP

The FTC Continues to Broaden Its Enforcement Authority to Pursue Chair Khan’s Agenda

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On July 9, 2021, just days into her tenure as Federal Trade Commission (FTC or Commission) Chair, Lina Khan led the Commission’s charge to rescind the agency’s 2015 policy statement (2015 Statement) on its approach to...more

Proskauer - Minding Your Business

The Administrative State Under Attack: Potentially Far Reaching Implications of Supreme Court’s Decision to Hear Challenge to FTC...

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

Morrison & Foerster LLP

FTC Lays Groundwork For Rulemakings: Are New Substantive Competition Rules Coming?

The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. On March 25, 2021, FTC Acting Chairwoman...more

Wiley Rein LLP

Third Circuit Sharply Limits FTC Authority to Obtain Monetary Relief as Supreme Court Prepares to Weigh In

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Last week, in FTC v. AbbVie et al., the Third Circuit joined the Seventh Circuit in holding that the Federal Trade Commission (FTC) was not authorized to seek disgorgement as a remedy under Section 13(b) of the FTC Act –...more

Robinson & Cole LLP

Health Law Pulse - June 2016

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On May 9, 2016, a federal district court for the Middle District of Pennsylvania rejected a request from the Federal Trade Commission (FTC) for a preliminary injunction to enjoin the pending merger (Merger) between Penn...more

Sheppard Mullin Richter & Hampton LLP

Regulatory Capture Vitiates State Action Immunity

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory...more

King & Spalding

United States Supreme Court Rules that N.C. Dental Board Is Not Entitled to State Action Immunity from Antitrust Liability

King & Spalding on

In North Carolina State Board of Dental Examiners v. F.T.C., No. 13-534 (2015), the United States Supreme Court ruled last week that the North Carolina Dental Board, which is comprised mainly of practicing dentists, was not...more

Epstein Becker & Green

No State Action Antitrust Immunity for North Carolina Dental Board: Implications for the Health Care Sector

Epstein Becker & Green on

On February 25, 2015, the Supreme Court of the United States held that the North Carolina Dental Board (“Board”) was not insulated from federal antitrust liability under the so-called “state action” doctrine when it engaged...more

McGuireWoods LLP

Supreme Court Denies Antitrust Shield for NC Dental Board

McGuireWoods LLP on

On Wednesday, February 25, 2015, the Supreme Court released a 6-3 decision in North Carolina Board of Dental Examiners v. Federal Trade Commission, a case with potentially broad implications for regulation by dental and...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Finds that Regulatory Boards Composed of “Active Market Participants” are Subject to Antitrust Laws if Not Actively...

Yesterday, the Supreme Court issued its ruling in North Carolina State Board of Dental Examiners v. FTC, finding that North Carolina’s state board of dental examiners was subject to antitrust scrutiny under the Sherman Act...more

Faegre Drinker Biddle & Reath LLP

U.S. Supreme Court Denies Antitrust Protection for State Professional Boards

In a 6-3 decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, the United States Supreme Court ruled today that state professional boards comprised of active professionals in the occupation...more

Maynard Nexsen

Supreme Court Reviews Agency Comprised of Dental Professionals in State Action Case: Health Care Antitrust Cases to Watch in 2015

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Federal and state courts are expected to rule on several nationally watched antitrust health care cases during the first half of 2015. As we enter into the first week of the New Year, Nexsen Pruet associate Rachel...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Antitrust and Competition Newsletter - April 2014

Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more

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