Non-compete rulemaking faces legal hurdles but could help Biden politically

The Federal Trade Commission’s rulemaking on non-compete agreements faces legal obstacles but could reap political and public policy benefits even if it’s struck down in court.

Neill Averitt

Chess cheating, defamation and the Twombly pleading standard

It’s an unusual legal story that involves international chess tournaments, the Twombly standard for pleading collusion, Arthur Schopenhauer, and radio-controlled vibrating sex devices — all at the same time. But this is such a story.

Current Issue: 985

Pandemic or not, justifying mergers based on ‘failing firm’ defense faces hard sell

In the wake of the Covid-19 pandemic, Ian Conner, director of the Federal Trade Commission’s Bureau of Competition, is bracing for a wave of merger proposals claiming the acquired firm is failing.

HyperBeard case highlights thorny issues of big penalties, targeted ads

Choosing deterrence versus punishing for harm caused. A June 4 Federal Trade Commission enforcement action against a children’s app developer highlights the ideological rift that could continue to...

New York car dealer, FTC settle racial discrimination case, but Dems want more changes

The Federal Trade Commission brought its first case of racial discrimination against an auto dealer last month, with New York-based Bronx Honda and its general manager agreeing to pay $1.5 million...

Trump’s order targeting social media companies poses challenges for FTC

President Donald Trump’s executive order telling the Federal Trade Commission to consider taking action against social media companies that fact-check certain posts could force the agency to wade...

Tough questions swirl over Steves’ bid to unwind Jeld-Wen merger

Ever since a federal court took an unprecedented step — siding with a private party seeking to unwind a deal years after it was consummated — the antitrust bar has closely followed the lawsuit...

Prep for weather disaster scams, FTC tells consumers

As the 2020 hurricane season revs up, the Federal Trade Commission says scammers who exploit victims of weather disasters pose additional threats.