FTCWatch
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September 19, 2023
Intuit deceived consumers about ‘free’ tax services, FTC judge rules
Intuit, the maker of TurboTax, engaged in deceptive advertising regarding “free” tax products and services, a Federal Trade Commission administrative law judge ruled.
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September 19, 2023
NLRB sending cases on noncompetes, gig work to FTC, Abruzzo says
The general counsel of the National Labor Relations Board said the agency is sending cases involving noncompete clauses and gig work to the Federal Trade Commission.
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September 19, 2023
On the Shelf: How FDR expanded business regulation and weakened the FTC
The Federal Trade Commission is known as a small agency that punches above its weight. However, if history had turned out differently, it might have become as large and influential as the Securities and Exchange Commission.
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September 19, 2023
Holyoak, Ferguson could change FTC dynamics but face steep learning curve
If Republican nominees Melissa Holyoak of Utah and Andrew Ferguson of Virginia are confirmed, as expected, to join the Federal Trade Commission this month, they could change the dynamics of an agency that’s been under single-party control for half a year. But the two outsiders face a steep learning curve as the FTC confronts public relations as well as constitutional headwinds over its authority.
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September 19, 2023
Funeral providers, consumer advocates debate online posting of prices
Funeral providers told the Federal Trade Commission that mandating online posting of pricing is unnecessary because market forces will lead to the same result sought by consumer advocates.
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September 19, 2023
Elite colleges embroiled in antitrust litigation as lawmaker pushes for FTC probe
A group of elite colleges and universities continues to face antitrust litigation over financial aid policies. Meanwhile, a senator wants the Federal Trade Commission to investigate whether some competing schools are unlawfully coordinating their responses to the Supreme Court’s affirmative action ruling.
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September 19, 2023
Neil Averitt commentary: Insulin cases need a sharper focus
Hard cases are notorious for making bad law. But sometimes the easy and obvious cases can make bad law, too. Something like this seems to be going on with insulin pricing.
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August 29, 2023
Calendar
Sept. 19 — Aviv Nevo, director of the Federal Trade Commission’s Bureau of Economics, and former FTC Chair Tim Muris are participating in a panel discussion on “Revising the Horizontal Merger Guidelines: The Path Forward.” It will be held from 1 p.m. to 3 p.m. at the American Enterprise Institute in Washington, DC. For more information, go to: https://www.aei.org/events/revising-the-horizontal-merger-guidelines-the-path-forward-in-antitrust/.
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August 29, 2023
Ex-FTC Commissioner Wright sues for defamation over sexual misconduct claims
Former Federal Trade Commission member Joshua Wright has sued two female antitrust attorneys — one of whom was a direct subordinate at the agency — for defamation after they accused him of sexually predatory behavior. Wright is also demanding $108 million in damages.
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August 29, 2023
Constitutional defenses in Illumina case may help FTC delay ‘generational’ increase in skepticism of agencies
The Federal Trade Commission's brief in Illumina and Grail’s appeal of its move to unwind their deal shows the agency using long-standing precedent to defend itself against claims that its structure and procedures violate aspects of the Constitution — claims that are increasing in number and that could be a potential existential threat.
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August 29, 2023
Teva, Glenmark to pay $255 million to resolve DOJ price-fixing claims
Teva Pharmaceuticals and Glenmark Pharmaceuticals reached deferred prosecution agreements with the Department of Justice to resolve antitrust claims over a generic drug price-fixing cartel.
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August 29, 2023
Beware weather-related scams, FTC says
The Federal Trade Commission warned consumers about disaster-related scams and how to recognize reputable charities following extreme summer weather and one of the deadliest fires in US history this month.
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August 29, 2023
FTC studies teamwork with AGs
The Federal Trade Commission is studying collaboration with state attorneys general with an eye toward improvements.
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August 29, 2023
Liu becomes BC director
Henry Liu, a partner at law firm Covington & Burling, has become the Federal Trade Commission’s top competition official.
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August 29, 2023
Google’s adtech case previews growing discovery headaches for government enforcers
The Department of Justice is trying to close the door on a novel litigation strategy that's bogging down a watershed antitrust lawsuit targeting Google’s digital advertising empire and creating a path for future enforcement targets to undertake discovery probes into senior government officials.
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August 29, 2023
Experian settles with FTC over spam email
Experian Consumer Services agreed to pay $650,000 to settle the Federal Trade Commission’s claims that it sent consumers unsolicited email without offering them a way to opt out of such messages.
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August 29, 2023
Neil Averitt commentary: What should we be asking from the economics profession?
The release of the draft merger guidelines is an occasion to think about the work of industrial organization economics because the guidelines so conspicuously declined to rely on economic writings.
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August 29, 2023
Arguments over HSR revisions echo debate from 1970s
The current debate about changing the rules on premerger notifications has its origins in the controversial legislative handiwork of three iconic members of Congress.
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August 29, 2023
On the Shelf: The relationship between two political giants
While not in the George Washington and Abraham Lincoln stratosphere, the number of trees that have given their lives to produce books about Theodore Roosevelt is impressive.
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August 29, 2023
People
Wong-Ervin jumps to Jones Day
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August 08, 2023
FTC defends Illumina-Grail analysis, agency’s constitutionality in brief to appeals court
The Federal Trade Commission properly analyzed Illumina’s $8 billion acquisition of Grail, and there is no constitutional defect in its structure or procedures, the agency told a federal appeals court.
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August 08, 2023
Top DOJ official invites feedback on new merger guidelines
David Lawrence, policy director with the Department of Justice’s antitrust division, discussed the need to use binding court precedents and connect them to economic policies and principles to create new vertical merger guidelines.
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August 08, 2023
Calendar
Sept. 6 — The American Bar Association is sponsoring “The New Merger Guidelines Workshop: Evolution or Revolution?” at the National Press Club in Washington, DC. For more information, go to: https://web.cvent.com/event/4c18ffcb-960d-4fd7-bf46-965791f7c4a6/summary?utm_medium=&utm_campaign=&promo=.
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August 08, 2023
FTC combats fraud for non-English speakers
The Federal Trade Commission has focused on consumer protection for non-English speakers, such as by suing the companies behind Ganadores, which allegedly bilked Spanish-speaking consumers out of millions of dollars.
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August 08, 2023
Proposed changes issued for Amplifier Rule
The Federal Trade Commission issued supplemental proposed amendments to its Amplifier Rule in an attempt to help consumers make direct comparisons of home entertainment amplifiers.