FTCWatch
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November 14, 2023
Google private browsing mode trial taking shape in US as witnesses named
With Google and a group of plaintiffs filing a joint witness list and their proposals for jury instructions, the framework is coming into focus for what would be the first-ever US class action privacy trial involving a large tech company, a trial that could reveal the inner workings of Google’s data-collection stack for the first time.
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October 31, 2023
US consumers report fraud originating in China
China accounted for one-quarter of fraud complaints identified by US consumers from 2019 to 2023, according to the Federal Trade Commission’s data on cross-border fraud.
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October 31, 2023
Khan declines to recuse in Intuit case
Federal Trade Commission Chair Lina Khan declined to recuse herself in the Intuit case regarding the TurboTax tax preparation product, saying her public comments about the matter did not show prejudgment.
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October 31, 2023
Calendar
Nov. 13 — The American Bar Association is sponsoring a webinar on “A Conversation with Four Former BCP Directors.” It will be moderated by Jessica Rich who ran the Federal Trade Commission’s Bureau of Competition during President Obama’s second term. It will also include Daniel Kaufman, the acting director during the early months of the Biden administration, Andrew Smith, bureau director during the Trump administration, and David Vladeck, who ran it during Obama’s first term. The webinar will be held from 3 p.m. to 4 p.m. ET. For more information, go to: https://www.americanbar.org/events-cle/mtg/web/435756055/.
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October 31, 2023
FTC reports increase in elder fraud losses
The Federal Trade Commission told Congress that fewer older adults reported losses to fraud last year, but that more money was lost, with the total reaching $1.6 billion in 2022.
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October 31, 2023
People
Royall jumps to King & Spalding
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October 31, 2023
FTC could see more oversight, power when it returns to full strength
When the Federal Trade Commission gets a full roster of commissioners, the outcome of most votes isn’t likely to change, but the agency could see more congressional oversight and maybe more power.
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October 31, 2023
Pfizer-Seagen innovation theory of harm would be difficult for FTC to prove in court
Pfizer and Seagen have said antitrust regulators have a lot of questions about whether innovation will be maintained after their deal. But while the companies didn’t indicate which jurisdiction is focused the most on the issue, in the US it would be a difficult theory of harm to prove in court.
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October 31, 2023
Microsoft likely to argue FTC appeal over Activision deal moot, but agency could press on
Microsoft is likely to argue to a US appeals court that a pending appeal of a decision denying a preliminary injunction against the closing of its buyout of Activision is moot, given the companies completed the transaction earlier this month.
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October 31, 2023
DOJ participates in 22nd annual ICN conference
Deputy Assistant Attorney General Manish Kumar of the Department of Justice’s antitrust division led the delegation at the International Competition Network’s 22nd annual conference.
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October 31, 2023
Probe BMW’s Made-in-USA claims, ad watchdog tells FTC
Truth in Advertising filed a complaint with the Federal Trade Commission urging the agency to open an investigation into BMW’s Made-in-the-USA claims regarding its X range vehicles and take appropriate enforcement action.
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October 31, 2023
Neil Averitt commentary: Considering a good-enough Kroger settlement
With the time nearing for a decision on the country’s largest supermarket merger, Lina Khan and the Federal Trade Commission face a difficult choice. Do they take a pretty good but imperfect settlement in Kroger-Albertsons and declare victory, or do they litigate to achieve a better outcome and risk not having enough to show in the overall win column?
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October 31, 2023
Privacy Corner: AI expert Dobrin uses ‘bully pulpit’ to warn of tech bias
It might seem unusual that a geneticist who helped map the human genome would later become a sought-after expert in artificial intelligence. “But it’s not so off the wall,” said Seth Dobrin, reflecting on his career trajectory from life scientist to AI business guru.
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October 31, 2023
On the Shelf: Navigating big tech, journalistic and political minefields
The tumult in the economic and ideological landscape of the American media shows no sign of abating soon. While there are no surefire ways to improve things, taking lessons from one of the era’s most successful and thoughtful editors is a nice place to start.
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October 17, 2023
Calendar
Nov. 2 — The American Antitrust Institute is hosting its Annual Private Antitrust Enforcement Conference at the National Press Club in Washington, DC. For more details, go to: https://www.antitrustinstitute.org/.
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October 17, 2023
Antitrust regulators must grapple with concerns over Hollywood consolidation
Although the Hollywood writers’ strike has settled, one key concern is in the hands of antitrust enforcers.
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October 17, 2023
Latest Amazon case likely won’t dominate Khan’s legacy
Amazon has been a company that Federal Trade Commission Chair Lina Khan has been interested in — and critical of — since at least her third year in law school. But the FTC’s latest case against the retailing giant could turn out to be just a small part of her legacy.
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October 17, 2023
Neil Averitt commentary: What’s new with funeral homes?
From time to time it’s useful to revisit some of the long-running, intractable issues of Washington — things like death, taxes, and congressional backbiting.
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October 17, 2023
Microsoft closes Activision buyout with risk of having to unwind deal in US
Microsoft has completed its $69 billion buyout of Activision following approval from the UK antitrust authority, but the US process is not yet over, and the company is closing the transaction with the risk of having to unwind it later.
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October 17, 2023
People
Zahid wins Hollis Salzman Leadership award
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October 17, 2023
FTC, DOJ fuse consumer protection enforcement
The Federal Trade Commission has expanded its partnership with the Justice Department’s Consumer Protection Branch, which often works with the agency to stop unfair, deceptive and fraudulent business practices.
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October 17, 2023
Crypto bill would boost FTC consumer messaging
A bipartisan bill to govern regulation of digital assets would fortify the Federal Trade Commission’s efforts to educate consumers about crypto assets.
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October 17, 2023
FTC proposes ban on junk fees
The Federal Trade Commission proposed a rule to prohibit junk fees, which are hidden and falsely advertised fees.
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October 17, 2023
Tenant screening tech scrutinized by FTC
Tenant screening technologies drive housing insecurity and discrimination, according to comments submitted to the Federal Trade Commission from housing advocacy groups, legal researchers and civil rights organizations.
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October 17, 2023
Vehicle shopping rule is overreach, senators say
Senators Joe Manchin and Jerry Moran introduced bipartisan legislation aimed at preventing the Federal Trade Commission from implementing a regulatory change concerning automotive retailing.