FTCWatch
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April 23, 2024
On the Shelf: Breyer’s balancing act
The conservatives who dominate the Supreme Court rely heavily on textualism and originalism to rationalize their jurisprudence. This approach has frustrated liberal justices who’ve had trouble articulating a concrete legal philosophy that non-lawyers can grasp.
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April 23, 2024
FTC continues crusade against bad data practices
Federal Trade Commission member Rebecca Kelly Slaughter and two agency lawyers emphasized their work against practices that improperly expose consumer data during appearances at a global privacy summit.
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April 23, 2024
Khan, allies highlight historical roots of FTC’s antitrust agenda
Federal Trade Commission Chair Lina Khan said while the agency has been uncompromising in its antitrust enforcement, it’s keeping with the spirit of the law and following in the steps of past enforcers.
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April 23, 2024
People
Rackow jumps to Clifford Chance
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April 02, 2024
Holyoak considers controversial House staffer for attorney advisor post
Melissa Holyoak, who commenced her term as a Republican Federal Trade Commissioner, has started filling out her team of advisors with three appointments, but there is another potential hire that has got people talking at the agency.
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April 02, 2024
Calendar
April 24 — The Federal Trade Commission is holding a virtual hearing on the proposal to eliminate junk fees. It will be held at 11 a.m. and presided over by Administrative Law Judge Jay L. Himes. For more information, go to: https://www.ftc.gov/news-events/events#top.
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April 02, 2024
Himes brings wealth of antitrust expertise to FTC as new ALJ
The Federal Trade Commission has brought on Jay Himes as an administrative law judge to handle the recent surge in proceedings. According to peers, Himes is perfect for the job. His name is respected in the antitrust field, and he lets little get between him and his work.
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April 02, 2024
Antitrust agencies back Copyright Office’s renewal of right-to-repair exemptions
The Federal Trade Commission and the Department of Justice submitted comments to the Copyright Office to advocate for regulations that would facilitate consumers’ and businesses’ right to repair their own products.
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April 02, 2024
Teva’s inhaler patent should be delisted, FTC says
The Federal Trade Commission said in a court filing that drugmaker Teva has improperly listed patents in the Food and Drug Administration’s Orange Book and urged the court to order those listings removed.
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April 02, 2024
Cross-border fraudsters targeted in US, Canadian initiative
US and Canadian agencies have teamed up to combat cross-border fraud by bolstering public awareness.
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April 02, 2024
Presidential meddling in DOJ’s antitrust work has been problematic
If he wins the White House again, former President Donald Trump wants to exercise more control over the Department of Justice. Past presidents who have tried have run into trouble.
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April 02, 2024
Big grocery retailers face mounting legal, congressional scrutiny
The next steps following the Federal Trade Commission’s report on rising grocery prices will occur in the courtroom and possibly on Capitol Hill.
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April 02, 2024
On the Shelf: Taking on America’s grocery barons
Everyone needs to eat, so their wallets are vastly affected by the monopolistic practices in the food industry. A new book offers a series of liberal prescriptions to remedy these problems.
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April 02, 2024
Apple can attack market definition, evidence in monopoly suit
Apple has several available lines of defense as it confronts US government charges of illegal monopolization of smartphones.
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April 02, 2024
Examining the current state of bigness
The recent antitrust case against Apple relies partly on a long-standing premise, big is often bad. But the views of bigness in competition enforcement have ebbed and flowed.
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April 02, 2024
Dole, Chiquita call off fresh-vegetables deal over DOJ concerns
Dole and Chiquita Holdings have agreed to end their $293 million cash deal, under which Chiquita’s Fresh Express would buy Dole’s Fresh Vegetables division, because of competition hurdles with the Department of Justice.
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April 02, 2024
People
VanDruff elected managing partner of Kelley Drye
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April 02, 2024
Neil Averitt commentary: Doubts on the ‘union grocery labor’ market in Kroger case
In its complaint against the Kroger-Albertsons merger, the Federal Trade Commission has included a novel count involving effects on the purchase of “union grocery labor.” Although imaginative, this may prove to be a bridge too far, misapplying antitrust tools in an effort to reach policy goals that more properly belong to the Labor Department.
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March 12, 2024
Privacy Corner: Troutman Pepper aids clients as cyberattacks rise
With cyberattacks growing, Sadia Mirza and Stephen Piepgrass at Troutman Pepper are leading the firm’s new Incidents and Investigations team. The duo combines field expertise with regulatory know-how to offer clients a lifeline that lasts through litigation.
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March 12, 2024
With Republican commissioners confirmed, FTC is now at full strength
Now that the Federal Trade Commission has a full roster of members for the first time since October 2022, it will change the nature of debate at the agency.
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March 12, 2024
Neil Averitt commentary: Making a good anti-collusion program even better
The Procurement Collusion Strike Force at the Justice Department’s antitrust division is a fine and successful program. It could also be improved if it were given a wider mission and began to work with a broader range of informants on possible collusion.
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March 12, 2024
Biden hopes for political gains from FTC-DOJ task force
President Joe Biden has entrusted the Federal Trade Commission and the Department of Justice’s antitrust division to co-chair an interagency strike force targeting unfair and illegal pricing. He’s also following a long tradition of using antitrust and consumer protection as part of a broader political strategy.
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March 12, 2024
DOJ antitrust enforcers’ grip on merger fees slips during congressional budget battle
Antitrust enforcers’ efforts to rein in Big Tech and others could take a major hit as the congressional battle continues over a budget deal needed to avert a government shutdown.
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March 12, 2024
Calendar
April 3-4 — The International Association of Privacy Professionals is holding its Global Privacy Summit 2024 at the Marriott Marquis Hotel in Washington, DC. For more details, go to: https://iapp.org/conference/global-privacy-summit/.
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March 12, 2024
FTC data identifies fraud hotbeds
Data from the Federal Trade Commission showed scam reports are most prevalent in the District of Columbia, Florida, Georgia and Nevada.