FTCWatch
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July 16, 2024
Saks-Neiman Marcus deal set to attract intense antitrust review
The parent of Saks Fifth Avenue is seeking to buy rival luxury department store Neiman Marcus Group in a $2.65 billion deal that is sure to attract significant antitrust scrutiny from US competition authorities.
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July 16, 2024
Neil Averitt commentary: What’s the FTC’s ‘Plan B’ on noncompete clauses?
Let us now engage in contingency planning. The Federal Trade Commission’s noncompete rule is likely to be permanently barred by a district court before the end of the summer. Yet the issue of noncompetes remains important to the agency’s leadership. So what alternative paths can we expect them to pursue if rulemaking is ruled out?
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July 02, 2024
Supreme Court restrictions on regulatory agencies will invite legal challenges
The Supreme Court has overturned 40 years of precedent that allowed federal agencies to reasonably interpret ambiguous laws, instead giving courts the power of interpretation that will limit regulatory authority across the federal government aimed at ensuring financial stability, protecting clean air and water, and preserving food and drug safety.
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July 02, 2024
Calendar
July 16 — Kelley Drye & Warren is hosting a webinar on “Not Dead Yet: Why You Need to Know More About Restrictive Covenants Than the FTC Noncompete Rule.” It will be held from 12:30 p.m. to 1:30 p.m. ET. For more information, go to: https://www.kelleydrye.com/events/dead-or-alive-developments-in-noncompete-law-webinar.
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July 02, 2024
As songwriters battle Spotify, FTC gets pulled in
Streaming giant Spotify is picking the pockets of songwriters by leveraging a sham audiobook subscription bundle while squeezing fans through deceptive business practices that violate the Restore Online Shoppers’ Confidence Act, according to a complaint sent to the Federal Trade Commission by the National Music Publishers Association.
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July 02, 2024
Four more states join DOJ’s suit against Apple
The Department of Justice said the attorneys general of Indiana, Massachusetts, Nevada and Washington joined its antitrust lawsuit against Apple alleging it monopolizes multiple smartphone markets.
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July 02, 2024
Khan speaks on navigating work as an enforcer
Federal Trade Commission Chair Lina Khan attributes the development of her views on antitrust to her academic studies and her experiences talking to average citizens affected by changes in the markets and corporate consolidation.
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July 02, 2024
Sweepstakes scammers settle with FTC
Sweepstakes scammers that cost consumers millions have settled with the Federal Trade Commission, agreeing to a ban that stops them from operating sweepstakes or making claims about prize winnings.
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July 02, 2024
Adobe sued over alleged hidden fees
Adobe and two of its executives, Maninder Sawhney and David Wadhwani, are facing a federal complaint over its most popular subscription plan.
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July 02, 2024
Neil Averitt commentary: What ‘populist’ antitrust policy might look like
There’s been a good bit of musing about populist antitrust enforcement, but no one really knows where it might come from, or what it would involve.
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July 02, 2024
People
FTC vet Weingarten returns to private practice
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July 02, 2024
FTC sees marked decline in refunds
The Federal Trade Commission obtained $324 million in refunds to consumers last year, down from $392 million in 2022, according to a report issued by the agency.
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July 02, 2024
On the Shelf: A media pro prescribes solutions to misinformation
Truth is often the first casualty of political communication. But balancing the desire to root out misinformation while protecting the right to self-expression is a perennial challenge.
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July 02, 2024
Ferguson explains intellectual origins of his philosophy
Federal Trade Commissioner Andrew Ferguson told a group of conservative lawyers that while he has always leaned right, he became less reflexively supportive of business when he moved from private practice to Capitol Hill, and also because of the economics of rural healthcare.
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July 02, 2024
Meta, FTC enter rarely traveled legal ground in battle over 2020 privacy settlement
The Federal Trade Commission is stepping into rarely traveled legal territory as it pushes forward its plan to reopen its 2020 privacy settlement with Meta Platforms, with the commission planning to hear oral argument on threshold legal issues in what could be a massive financial sanction on the company.
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July 02, 2024
Storms are brewing along with scams
Weather forecasters are predicting between 17 and 25 named storms, making for an active hurricane season. In the face of these threats, the Federal Trade Commission is warning consumers that scammers are eager to prey on victims when they’re most vulnerable.
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June 18, 2024
People
Panoff jumps to Sheppard Mullin
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June 18, 2024
Antitrust scrutiny of streaming platforms intensifies
Streaming platforms like Disney+ and Netflix have transformed segments of the American economy over the past two decades from the arts and entertainment sector to the news media to sports broadcasting.
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June 18, 2024
Ferguson, Holyoak push for restraint in first speeches
The two newest Federal Trade Commission members used conservative think tanks for their first public appearances while urging the agency to show restraint in its enforcement and rulemaking.
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June 18, 2024
Calendar
June 27 — Assistant Attorney General Jonathan Kanter is among the speakers at the Open Markets Institute’s conference on “Fixing the Information Crisis Before It’s Too Late (For Democracy).” It will be held at the National Press Club, 529 14th Street, NW, Washington, DC. For more details, go to: https://www.openmarketsinstitute.org/publications/fixing-the-information-crisis.
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June 18, 2024
Antitrust litigation strategy needs work, DOJ official says
Deputy Assistant Attorney General Andrew Forman offered ways to fine-tune antitrust litigation in remarks at the annual Hal White antitrust conference.
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June 18, 2024
Privacy Corner: Harris warns of potential AI pitfalls amid election season
When regulators and politicians need help understanding the threats artificial intelligence poses to democratic elections, they turn to researcher and former Facebook employee David Evan Harris.
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June 18, 2024
House panel recommends budget cut for FTC
The Federal Trade Commission would get $37 million less for the fiscal year starting in October if a key House panel gets its way.
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June 18, 2024
Neil Averitt commentary: AI, creative work and the possible challenges
Artificial intelligence is poised to disrupt established practices across the economy, and nowhere more than in the creative professions such as writing or illustrating, where human artists may be forced to compete against computer programs that have been trained on the artists’ own prior work.
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June 18, 2024
Despite support for FTC’s Khan, Republicans could push for agency changes
Federal Trade Commission Chair Lina Khan has a small, but vocal, fan club among Republicans who like the agency’s efforts to go after Big Tech. But that wouldn’t be enough to prevent efforts to weaken some of the agency’s powers if Republicans gain more power in Congress or win back the White House.