FTCWatch
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July 16, 2024
AI influencers, avatars in kid ads pose risks, FTC lawyer warns
Advertisers using animated characters to sell food and toys to children is nothing new. But as more companies roll out animated characters and influencers powered by AI, the Federal Trade Commission is worried kids can’t tell the difference between what’s real and what’s fake.
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July 16, 2024
Calendar
July 31 — The American Economic Liberties Project is hosting an online discussion on “Beyond Antitrust: Medicare Advantage and Vertical Consolidation in Healthcare.” It will feature comments by Hayden Rooke-Ley, a senior fellow at the American Economic Liberties Project, who has written a paper on the topic, and Senior Healthcare Policy Analyst Emma Freer. It will be held at 11 a.m. For more information, go to: https://us02web.zoom.us/webinar/register/WN_YDeByyBvTaOHLcqIe5deKA?emci=2124bfd1-024a-ef11-86c3-6045bdd9e096&emdi=c48325cc-9d4a-ef11-86c3-6045bdd9e096&ceid=29191655#/registration.
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July 16, 2024
Privacy Corner: Mozilla’s Tiwari enjoys unsettled landscape of tech policy
Tech policy was unfolding as Udbhav Tiwari, Mozilla’s director of Global Product Policy, was studying law. He was drawn into his public policy career because he wanted to meet potential problems head on.
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July 16, 2024
DOJ official breaks down 2023 merger guidelines
A Department of Justice official outlined three important considerations the agency focused on in developing its 2023 merger guidelines: comprehensiveness, applying burden shifting and market realities.
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July 16, 2024
Feds target billing scheme over CBD, Keto-related products
The Federal Trade Commission accused two groups of defrauding consumers by enrolling them in continuity plans where they were charged for personal care products they didn’t agree to buy.
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July 16, 2024
Vroom to pay $1 million for deceptive claims
Online used car dealer Vroom agreed to pay $1 million to resolve Federal Trade Commission claims that it misled consumers. The Texas-based company said it thoroughly examined all vehicles before listing them for sale.
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July 16, 2024
Arise to pay $7 million in gig work settlement
Arise Virtual Solutions agreed to a $7 million settlement with the Federal Trade Commission to resolve claims that it misled consumers about the money they could make on its platform.
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July 16, 2024
GOP lawmakers push back on FTC bid for more money
Federal Trade Commission officials took their plea for more money into the congressional lion’s den, and Republican lawmakers seemed reluctant to open Congress’ wallet.
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July 16, 2024
Despite differences, Holyoak says there’s comity at the FTC
Although she’s outnumbered ideologically, Federal Trade Commission member Melissa Holyoak said she doesn’t feel sidelined or that the Democratic majority withholds information from her.
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July 16, 2024
PBMs’ incentives to engage in exclusionary rebates warrant more scrutiny, FTC says
Concentration among pharmacy benefit managers is increasing, with vertical integration having raised various competitive concerns in the drug supply chain in the US as well as financial conflicts of interest which should be investigated further, the Federal Trade Commission said.
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July 16, 2024
On the Shelf: A conservative’s defense of free speech
The debate over the limits of free speech has always been robust but intensified with the rise of Internet use and the country’s increased polarization.
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July 16, 2024
Beware of warranty rule violations, FTC tells air purifier sellers, others
The Federal Trade Commission is advising eight companies to change the language of their warranties because they’re preventing consumers from exercising their rights to get certain products repaired.
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July 16, 2024
People
Antitrust vet Roush lands at Sidley
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July 16, 2024
Tempur Sealy-Mattress Firm challenge by FTC revives customer-foreclosure theory of harm
Tempur Sealy, a worldwide mattress supplier, and US acquisition target Mattress Firm are fighting a merger challenge by the Federal Trade Commission that revives a foreclosure theory of harm that the agency hasn’t presented in a merger trial for decades — a consolidated company's potential for restricting access by a rival to an essential customer base, thereby reducing competition.
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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