On March 20, 2026, the U.S. Court of Appeals for the Fifth Circuit held that deceptive advertising actions brought by the Federal Trade Commission (FTC) in an administrative proceeding are unconstitutional.[1] In Intuit, Inc. v. FTC (No. 24-60040), the Fifth Circuit determined that when the FTC prosecutes deceptive advertising claims pursuant to Section 5 of the FTC Act, it can only bring those
Read More Fifth Circuit Holds FTC’s Internal Administrative Adjudication of Deceptive Advertising Claims UnconstitutionalFTC Foregoes Administrative Proceeding Option, Indicating Procedural Changes to Merger Enforcement are Underway
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A recent case commenced by the Federal Trade Commission (FTC) challenging a merger directly in federal court has contradicted longstanding expectations regarding the agency’s merger enforcement process.
The FTC has generally used Section 13(b) of the Federal Trade Commission Act[1] to obtain preliminary injunctive relief in merger challenges in federal court, but it has also utilized its authority to continue these litigations administratively. This…
Read More FTC Foregoes Administrative Proceeding Option, Indicating Procedural Changes to Merger Enforcement are UnderwayFTC Reverts to Long-Standing HSR Reporting Requirements
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UPDATE: On the heels of the Fifth Circuit’s order declining a stay, the FTC, along with the Department of Justice (DOJ), has launched a public inquiry regarding the effectiveness of the New Rules. The FTC announced that it continues to believe that the Old Rules are insufficient, and seeks public input on potential areas for further refinement of the rules in an effort to reduce…
Read More FTC Reverts to Long-Standing HSR Reporting RequirementsUptick in DOJ Antitrust Division Statements of Interest
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In President Trump’s second term, the Department of Justice Antitrust Division has demonstrated its antitrust enforcement priorities through relatively frequent filing of Statements of Interest. The 13 Statements filed in 2025 represent a clear uptick from the 7, 8, and 9 Statements filed under the Biden Administration in each of 2022, 2023, and 2024, respectively, marking the highest annual total since President Trump’s first term…
Read More Uptick in DOJ Antitrust Division Statements of Interest