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Unfair or Deceptive Trade Practices Federal Trade Commission (FTC) Anti-Competitive

Morgan Lewis

Executive Order on Live Entertainment Ticketing Signals Continued Enforcement of Unfair Pricing

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The president recently issued an executive order (Order), targeting allegedly unfair pricing practices such as “scalping” and “junk fees” in live entertainment ticketing. The Order prioritizes enforcement of price...more

Jackson Lewis P.C.

Why Employers’ Non-Competes Could Still Be at Risk Despite FTC Rule Being ‘Set Aside’

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The U.S. District Court for the Northern District of Texas in Ryan LLC v. FTC granted summary judgment “setting aside” the Federal Trade Commission’s (FTC’s) Final Rule banning non-compete clauses between employers and...more

Quarles & Brady LLP

Justice Department’s New Task Force on Health Care Monopolies and Collusion

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DOJ recently formed the Antitrust Division’s (the “Division”) Task Force on Health Care Monopolies and Collusion (“HCMC”), signaling anticompetitive activity in health care markets as an enforcement priority....more

Morrison & Foerster LLP

The Inaugural Meeting of the White House’s Pricing Strike Force Focuses on Healthcare, Groceries, and Junk Fees

The Biden Administration recently convened the first meeting of its Strike Force on Unfair and Illegal Pricing (Strike Force), an interagency initiative announced in March 2024 to “root out and stop illegal corporate behavior...more

Davis Wright Tremaine LLP

Beware: Multi-Agency Pricing Task Force

Arising out of a March 2024 meeting of the White House Competition Council, President Biden announced the launch of a Strike Force on Unfair and Illegal Pricing designed "to strengthen interagency efforts to root out and stop...more

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

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The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

Wilson Sonsini Goodrich & Rosati

Private Equity Escapes on Motion to Dismiss but FTC Suit Against U.S. Anesthesia Partners Will Continue

The Federal Trade Commission’s suit alleging U.S. Anesthesia Partners (USAP) and Welsh Carson, a private equity fund that owns 23 percent of USAP and controls two of 14 board seats, engaged in an anticompetitive scheme to...more

Seyfarth Shaw LLP

All Gas No Brakes – The FTC, DOJ, and HHS Unveil Online Reporting Portal as Latest Effort to Combat Unfair and Anticompetitive...

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On April 18, 2024, the Federal Trade Commission (“FTC”), Justice Department (“DOJ”), and the U.S. Department of Health and Human Services (“HHS”) launched an online reporting portal, HealthyCompetition.gov, for the public to...more

Vinson & Elkins LLP

White House’s “Strike Force on Unfair and Illegal Pricing” Advances an Old Antitrust Agenda Under a New Name

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On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when...more

Conn Maciel Carey LLP

FTC Targets Employers Utilizing Worker Surveillance Technologies

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When used appropriately, worker surveillance technologies like time and attendance software, video surveillance systems, GPS tracking software, and biometric technology can benefit employers in a variety of ways, including by...more

Mintz - Antitrust Viewpoints

AI Regulation is Here. Are you Prepared? (Part 1: Unfair or Deceptive Conduct) — 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. The accelerating advances in artificial intelligence (“AI”) and the practical,...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

Epstein Becker & Green

Independent Physician Association Enforcement Not Forgotten

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On September 30, 2022, the Federal Trade Commission (FTC) obtained civil monetary penalties in the amount of $263,000 from San Juan IPA, Inc. (“San Juan”), an independent physician association operating in northwestern New...more

Cozen O'Connor

FTC Authorizes Compulsory Process in Three Investigations Categories

Cozen O'Connor on

The FTC has approved three procedural omnibus resolutions authorizing staff to utilize compulsory process in three categories of investigations: collusive practices; mergers, acquisitions and transactions; and the auto rental...more

Kelley Drye & Warren LLP

The FTC’s Mission Statement for 2022-2026: “Legitimate Business Activity” Still Missing in Action

Last November, the FTC sought public comment on a draft strategic plan for 2022-2026. As we blogged here and discussed in a comment submitted to the FTC (one of only 21 submitted), a key change from prior strategic plans was...more

Hinch Newman LLP

FTC CID Attorney on Considerations for Digital Marketers When Selecting Regulatory Investigation Defense Counsel

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You received a Civil Investigative (CID) from the Federal Trade Commission related to a consumer protection matter. Now what?...more

Kelley Drye & Warren LLP

The Deletion of “Legitimate Business Activity” from the FTC’s Strategic Plan

Kelley Drye & Warren LLP on

For decades, the FTC has explained that the omission of information can lead to liability. It is also a canon of statutory construction that an amendment helps reveal legislative intent. And of course, your mother put it...more

Cozen O'Connor

The State AG Report - Volume 7, Issue 21 | May 2021

Cozen O'Connor on

Frontier Sued over Allegations that Its DSL Service Is Slower than Advertised  - The Federal Trade Commission (“FTC”), and a bipartisan group of five state AGs and two California district attorneys, sued Internet service...more

Robins Kaplan LLP

Financial Daily Dose 9.16.2020 | Top Story: WTO Finds U.S.’s 2018 Tariffs on China Broke Trade Rules

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A World Trade Organization panel on Tuesday declared that the U.S.’s 2018 tariffs on China “violated international trade rules,” siding with China and its allegations that the White House’s trade war broke, among other...more

Cadwalader, Wickersham & Taft LLP

State Attorneys General Jolt Antitrust Enforcement

Over the past year, State Attorneys General have stepped into what they describe as a void of antitrust enforcement at the federal level.  AGs have commenced investigations and brought antitrust actions across industry...more

Orrick, Herrington & Sutcliffe LLP

Courts Question FTC Enforcement Method

The FTC has long asserted it has the authority to bring actions in federal court to obtain injunctive relief and equitable monetary remedies (e.g. disgorgement, consumer redress) for unfair and deceptive practices....more

WilmerHale

FTC Workshop Examines Competition and Consumer Protection Issues in Rooftop Solar Industry

WilmerHale on

On June 21, 2016, the Federal Trade Commission (FTC) held a workshop to examine competition and consumer protection issues in the rooftop solar industry—also known as solar “distributed generation.” Beyond exploring a wide...more

Baker Donelson

Recent Enforcement Under Section 5 of the FTC Act: So That's What a Standalone Claim of Unfair Competition Looks Like

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Last August, the Federal Trade Commission issued its Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act (Statement), in an effort to provide clarity with respect to...more

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