FTCWatch
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May 16, 2023
On the Shelf: From Buzzfeed to Gawker, book revisits heydays of digital media
Navigating the difficulties of the media business requires an ability to pivot quickly and a knowledgeable tour guide. Ben Smith, a top-notch journalist and an accomplished entrepreneur, is such a person.
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May 16, 2023
Exploring the cons of ‘antiracist antitrust’ policies
Commissioner Rebecca Kelly Slaughter tweeted about the Federal Trade Commission’s role and “how we can be antiracist” in 2020. Such policies could have unintended effects, says the outgoing president of the Federalist Society at Yale Law School.
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May 16, 2023
Endorsement guides have influence, researchers claim
University of Washington researchers found the Federal Trade Commission’s guides on endorsements and testimonials have a real-world effect on content creators and consumer engagement.
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May 16, 2023
People
Parker moves to Milbank to help grow antitrust practice
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May 02, 2023
Consumer advocates take to the Hill
Nonprofit consumer groups lobbied federal lawmakers last month for Federal Trade Commission funding, restoration of its authority to require refunds and to support the agency’s efforts to stop hidden junk fees in auto purchases.
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May 02, 2023
Neil Averitt commentary: Walmart case shows promises, perils of new FTC strategies
In the two years since the AMG Capital decision closed off the traditional avenue for getting monetary redress, the Federal Trade Commission has worked hard to develop new approaches for its consumer protection program. The promises and weaknesses of these alternatives were on display last month in a federal court opinion involving Walmart.
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May 02, 2023
Traffic Jam case could test FTC’s constitutional authority
A case involving a direct marketer for auto dealers could test the constitutionality of the Federal Trade Commission’s authority.
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May 02, 2023
Number of antitrust cases declines
Last year saw the lowest number of antitrust cases filed since 2012.
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May 02, 2023
Activist group Everytown seeks regulatory study of gun marketing
Everytown Gun Safety, the nation’s largest gun violence prevention organization, says the Federal Trade Commission should study gun marketing to children in response to the president’s executive order.
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May 02, 2023
DOJ’s no-poach enforcement suffers major setback with judge acquitting six defendants mid-trial
In a rare and painful development for the Department of Justice, a Connecticut judge acquitted six aerospace industry executives mid-trial on the grounds that no reasonable juror would have found them guilty.
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May 02, 2023
GOP lawmakers question Khan, other commissioners about FTC record
Republican House members asked Federal Trade Commission Chair Lina Khan tough questions about the agency’s performance and seemed opposed to granting a request for more funding.
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May 02, 2023
People
Mann moves to Troutman Pepper
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May 02, 2023
Calendar
May 18 — The Federal Trade Commission is hosting a workshop on “A Clear Look at the Eyeglass Rule.” It will be held from 9 a.m. to 1 p.m. ET at the Constitution Center in Washington, DC. For more information, go to: https://www.ftc.gov/news-events/events/2023/05/clear-look-eyeglass-rule.
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May 02, 2023
Two sentenced over Caltrans bribery, bid-rigging scheme
A former Caltrans contract manager and a former contractor received jail sentences and fines for their involvement in a bid-rigging and bribery scheme.
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May 02, 2023
Cloud-computing probe advancing, FTC technologist says
The Federal Trade Commission’s revamped technology office is cutting its teeth on an inquiry into the cloud computing market’s competitive dynamics, its role in key economic sectors and potential privacy and security risks, its top technologist told MLex.
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May 02, 2023
On the Shelf: Why people commit fraud
Have you ever read about a massive fraud or price-fixing case and thought: “What were those people thinking?” Well, there’s a new book that will appeal to you.
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May 02, 2023
FTC enters critical phase with rulemaking on noncompetes
Now comes the harder part for the Federal Trade Commission concerning its rulemaking on noncompetes. The agency must review 13,850 comments on this polarizing topic while considering legal threats by business groups such as the US Chamber of Commerce.
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April 18, 2023
Individuals, firms can oppose constitutionality of agencies before merits of case are decided, Supreme Court says
Companies and individuals can challenge the constitutionality of the use of administrative adjudication processes by agencies such as the Federal Trade Commission and Securities and Exchange Commission before proceedings on the merits of a case occur, the Supreme Court unanimously ruled.
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April 18, 2023
Focus on ESG ad claims widens
A push by companies for greater environmental, social and governance initiatives has been met with increased scrutiny, including intense focus on ESG-centric brand advertising claims.
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April 18, 2023
Commanders settle with DC
DC Attorney General Brian Schwalb said the Commanders football team will pay more than $625,000 to resolve allegations that the team systematically failed to return ticket holders’ deposits and intentionally created barriers for fans to get refunds.
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April 18, 2023
Calendar
April 18 — Federal Trade Commission Chair Lina Khan and Commissioners Alvaro Bedoya and Rebeca Kelly Slaughter are testifying at a House Energy and Commerce Innovation, Data, and Commerce Subcommittee hearing on “Fiscal Year 2024 Federal Trade Commission Budget.” It will be held in 2123 Rayburn House Office Building at 10 a.m. ET. For more information, go to: https://energycommerce.house.gov/posts/chairs-rodgers-bilirakis-announce-hearing-on-fy-2024-federal-trade-commission-budget.
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April 18, 2023
Neil Averitt commentary: Assessing the hits and misses of Biden’s enforcers
At the 2022 ABA Antitrust Spring Meeting, the question in the hallways was what kind of agenda the new Biden enforcers would bring to the job. This year the question was how close they are to accomplishing those goals. Verdicts were mixed.
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April 18, 2023
Companies should challenge alleged COPPA violations in court, ex-FTC official says
No company has ever challenged allegations from the Federal Trade Commission of violating a children’s privacy law, but more companies should consider it, a former deputy director of the agency’s Bureau of Competition said.
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April 18, 2023
Kanter sees upside in FTC loss in Meta-Within case
Meta Platforms’ acquisition of VR app developer Within was given the green light by a federal judge, but the Federal Trade Commission’s challenge resulted in an opinion that validated some key theories of harm in vertical deals, Assistant Attorney General Jonathan Kanter said during an April 10 discussion at the University of Utah.
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April 18, 2023
Doubts remain over passing major antitrust, privacy measures
Legislative aides and enforcers at recent antitrust and privacy conferences were pessimistic about the prospects of Congress passing significant legislation in these areas any time soon.