Antitrust Law Source

Tag Archives: FTC

FTC starts 2023 with a bang

By Jay L. Levine on
antitrustPicking up where they left off, the FTC has wasted no time in the new year and already proposed to effectively ban all employment non-compete clauses. The proposed rule would make future non-competes unlawful and nullify any existing agreements. In our latest podcast, Jay explains how this proposal fits in with the administration’s attempt to … Continue Reading

Has Axon dealt another blow to FTC authority?

By Jay L. Levine and Porter Wright on
Last year, the Supreme Court unanimously ruled that the Federal Trade Commission (FTC) is not authorized to impose civil penalties on parties who violate the FTC Act unless the party is violating a previous cease and order. The ruling took away a major enforcement tool. Now, Axon Enterprises is seeking to attack the entire structure … Continue Reading

Another major Hart-Scott-Rodino warning from the FTC

By Jay L. Levine and Porter Wright on
Two recent Federal Trade Commission (FTC) actions confirm the Hart-Scott-Rodino Act (HSR) is not to be ignored. On Dec. 22, the FTC fined both Biglari Holdings and the founder of Werner Enterprises for failure to file with the FTC and the Department of Justice (DOJ) before consummating significant acquisitions of related entities.… Continue Reading

Supreme Court clips FTC’s wings

By Jay L. Levine on
In a significant decision handed down last Thursday, April 22, 2021, the U.S. Supreme Court ruled that the Federal Trade Commission (FTC) cannot, in the first instance, seek monetary remedies in federal court. Rather, it must first obtain a cease and desist order and, only after a violation of that order, can it seek penalties … Continue Reading

Made in the USA? It better be

By Jay L. Levine on
The Federal Trade Commission remains vigilant about protecting the integrity of “Made in USA” claims. This is evidenced by its recent settlement with Williams-Sonoma Inc. The FTC claimed that that the well-known home products and kitchen wares company deceptively represented that certain of its products were made in the U.S. when, in fact, they were wholly … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on
On Feb. 15, 2019 the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), as well as certain other values under the HSR rules. As background, the HSR Act requires that acquisitions of voting securities or assets that exceed certain thresholds be disclosed … Continue Reading

Still need a data breach response plan? The FTC offers a guide to help.

By Porter Wright on
If you have not yet developed a data breach response plan, the FTC has stepped in to help. The FTC has prepared a guide, a short video and a corresponding segment on its business blog to help businesses prepare for data breach events. The guide and video provide key considerations, including having your computer forensic … Continue Reading

FTC has ruled….and companies better beware!

By Jay L. Levine on
In a move the surprised no one, the Federal Trade Commission (FTC) reversed the decision of its own Administrative Law Judge (ALJ) and held that LabMD’s “data security practices constitute an unfair act or practice within the meaning of Section 5 of the FTC Act.” There are two noteworthy aspects to the opinion. First, if … Continue Reading

Craft brew drinkers’ private action at crossroads as DOJ approves beer merger

By Porter Wright on
Soon your Miller Lite will be brewed by a new company. Last December, we wrote about a complaint filed by craft beer drinkers in an effort to block the merger between brewing titans Anheuser-Busch Inbev (ABI) and SABMiller. The post pointed out the unusual enforcement posture—private plaintiffs leapfrogging the federal antitrust enforcers and filing suit … Continue Reading

You win some, you lose some – the story of the FTC’s week

By Porter Wright on
Last week was an exciting week in the world of merger challenges. Decisions were issued by federal courts regarding the Federal Trade Commission’s (FTC) efforts to preliminarily block two different mergers – one involving office supply retailers, the other, hospitals. The FTC was able to convince one judge that its case had merit, but not … Continue Reading

Third Circuit’s Wyndham decision – Part two

By Jay L. Levine and Porter Wright on
So what did the Third Circuit hold in FTC vs. Wyndham and what does the decision really mean? Jay and Ryan continue their discussion of the Third Circuit’s decision and give you some key takeaways on what this means for companies that collect personally identifiable information.… Continue Reading

Third Circuit affirms FTC authority to sanction companies’ insufficient cyber security postures

By Porter Wright on
The Third Circuit’s recent ruling in FTC v. Wyndham Worldwide Corp., No. 14-3514 (3rd Cir. Aug. 24, 2015) marks a watershed moment in the ongoing saga of Wyndham Worldwide Corporation’s (Wyndham) data breach litigation. Prior to this decision, federal cyber security regulation has existed in the legal badlands, with the Federal Trade Commission (FTC), the … Continue Reading

“Made in the USA” labeling: A trap for the unwary – Part two

By Jay L. Levine, Bob Tannous and Jared Klaus on
How can retailers and product designers minimize their liability exposure to “Made in the USA” false-labeling claims without sacrificing the valuable label itself? In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies … Continue Reading

A compliance problem truly “Made in the USA”

By Jared Klaus and Jay L. Levine on
Following the expiration of a public comment period last week, the ink is now dry on the Federal Trade Commission’s consent decree against Made in USA Brand, LLC, settling charges that the Columbus, Ohio-based company sold its “Made in USA” certification label to product-sellers without making any attempt to verify whether the companies’ products were … Continue Reading

The importance of the state action exemption on state licensing boards

By Jay L. Levine and Darcy Jalandoni on
This podcast discusses the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental Examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright’s Antitrust Group, provide an overview of the state action … Continue Reading

Download our patent trolls e-book

By Jay L. Levine on
Regardless of the size of your business or the industry you are in, antitrust laws should be on your radar. From technology to healthcare to manufacturing, competition is fierce. And the laws that regulate competition in nearly every industry seem to move with the same determination. Download Antitrust Law Source’s e-book from author, Jay Levine.… Continue Reading
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