FTCWatch
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March 18, 2025
Ferguson-led FTC focused on Big Tech in era of constraints
The Federal Trade Commission, which is subject to some of the same DOGE disruptions as other federal agencies, nonetheless is committed to devoting resources to pursuing actions against Big Tech.
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March 18, 2025
Miller shook up FTC under Reagan
This is the sixth in a series of articles marking the 110th anniversary of the Federal Trade Commission’s founding.
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March 18, 2025
Neil Averitt commentary: A plain-vanilla theory of exclusive dealing
When professionals think about the core function of antitrust law, they generally have in mind merger enforcement. But in the new post-consolidation economy, equal attention now has to be paid to single-firm conduct by companies that already have market power. High on that list of questionable conduct is the use of exclusive dealing contracts by a monopolist.
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March 18, 2025
On the Shelf: Gates shows softer side in memoir
Bill Gates is known as a visionary entrepreneur and influential philanthropist, but his abrupt personality and minimal social graces have notoriously rubbed others the wrong way. They’ve even used a four-letter word to describe him: jerk.
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February 25, 2025
State antitrust collaboration with federal officials expected to continue
State enforcers expect to continue cooperating with federal officials in their antitrust investigations as they stress the important role of a harmonious approach to antitrust law.
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February 25, 2025
Wright defamation trial set to begin March 10
Former Federal Trade Commissioner Joshua Wright’s defamation case against two former students and colleagues who accused him of sexual harassment will begin on March 10 in a Virginia state court.
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February 25, 2025
Ferguson shakes up FTC culture as staff brace for firings
A series of all-staff memos sent by new Federal Trade Commission Chairman Andrew Ferguson over the last month offers a glimpse into the shifting culture at an agency facing demands for change from the White House alongside real risks of budget cuts, major layoffs and a potential restructuring of the agency.
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February 25, 2025
DOJ antitrust nominee open to M&A settlements, criticizes Big Tech abuses
Gail Slater, who is President Donald Trump’s pick to be the next antitrust chief of the Department of Justice, told lawmakers noncompete clauses, consolidation in food and pharmaceuticals, and Big Tech’s entrenched dominance are a concern, while signaling openness to accepting settlement offers in problematic mergers.
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February 25, 2025
FTC faces threats to independence from White House, courts
Federal Trade Commission Chairman Andrew Ferguson wants it to be easier for the president to fire him and other commissioners. Meanwhile, President Donald Trump has asserted more control over the regulatory agenda of the FTC and other independent agencies.
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February 25, 2025
Deputy directors appointed to FTC’s competition, consumer protection bureaus
Federal Trade Commission Chairman Andrew Ferguson has appointed David Shaw as principal deputy director and Kelse Moen as deputy director of the agency’s Bureau of Competition. He also named Douglas C. Geho as deputy director of the Bureau of Consumer Protection.
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February 25, 2025
On the Shelf: Diving into Musk’s purchase of Twitter
Billionaire Elon Musk is shaking up the federal government through his work with the Department of Government Efficiency. He took a similar approach when he bought Twitter in 2022 and massively restructured it.
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February 25, 2025
Feds launch info portal for global fugitives in antitrust cases
The Department of Justice’s Antitrust Division and the FBI have launched a new online portal for information on international fugitives who have been charged with antitrust offenses and other crimes affecting the competitive process.
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February 25, 2025
Legislators mull ‘right to repair’ as more state AGs join FTC’s suit
In recent weeks, the Federal Trade Commission has brought the issue of the “right to repair” agricultural equipment into the courtroom, challenging manufacturer Deere & Co. over its practices. Now, “right to repair” bills have come before legislators in several state capitals.
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February 25, 2025
Weiser, an antitrust stalwart, gears up for Colorado governor’s race
Phil Weiser, Colorado’s attorney general, is seeking higher office, with a bid for governor of his state for the 2026 election.
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February 25, 2025
Calendar
April 2-4 — The American Bar Association’s 2025 Antitrust Spring Meeting will be held at the Marriott Marquis Hotel in Washington, DC. For more information, go to: https://events.americanbar.org/event/D8799C1F-0CB0-4D81-81B0-5E031F555BDC/summary.
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February 25, 2025
Neil Averitt commentary: Lessons from the Tempur Sealy-Mattress Firm case
Ouch, the value of experience! On Jan. 31, the Federal Trade Commission lost its bid for an injunction against mattress-maker Tempur Sealy’s buyout of the retail chain Mattress Firm. That hurt since the case had represented the agency’s best chance to get a litigated win against an important vertical merger. But all parties can still find some useful lessons in it.
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February 25, 2025
People — Antitrust lawyer Smith jumps to Axinn
Monica Smith has joined the antitrust boutique law firm of Axinn, Veltrop & Harkrider as a counsel.
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February 11, 2025
Privacy Corner: Phoenix Technologies innovates with help from Swiss privacy laws
Switzerland’s historically neutral political stance and its privacy laws have enabled Phoenix Technologies to thrive as a sovereign Swiss cloud and AI platform, executives from the company told FTCWatch in a recent interview.
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February 11, 2025
DOJ sues to block HPE’s $14 billion deal with Juniper Networks
The Department of Justice filed a lawsuit in California federal court to block Hewlett Packard Enterprise’s proposed $14 billion buyout of smaller rival Juniper Networks.
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February 11, 2025
‘Weaponization’ accusation in part reflects FTC’s history with Musk
Leading Republicans have accused the US government of targeting conservatives, and in connection with that charge, an executive order on “Ending the Weaponization of the Federal Government” explicitly calls out the Federal Trade Commission.
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February 11, 2025
Getty, Shutterstock have overlap in non-exclusive portion of stock businesses
The antitrust review of Getty Images’ acquisition of rival Shutterstock is expected to focus on the companies’ overlapping businesses in non-exclusive visual images, the advantage they will have on search engines and the power it will give them over freelancers.
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February 11, 2025
Calendar
Feb. 20 — Federal Trade Commission member Melissa Holyoak is participating in a fireside chat at WilmerHale’s Washington, DC, office. The event also has a virtual option. For more information, go to: https://www.wilmerhale.com.
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February 11, 2025
People — DOJ’s Duffy moves to Baker Botts
A Department of Justice official who helped stop the merger between airlines JetBlue and Spirit has moved into the private sector.
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February 11, 2025
FTC issues alert on ‘brushing’ scams, unsolicited packages
In the 14th century, the author Chaucer penned the sentiment that all that glitters isn’t gold. Seven centuries later, those receiving unsolicited parcels and requests would do well to heed that wisdom.
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February 11, 2025
Two New York companies come under scrutiny for ‘Made in USA’ claims
Two New York companies received warnings about “Made in the USA” labeling, warning about the need to justify that claim.