Following appeal arguments concerning an August 2025 ruling from D.C. District Judge Sparkle L. Sooknanan, the FTC has settled litigation with the left-wing watchdog journalism organization, Media Matters for America.[1] Our post on Judge Sooknanan’s August 2025 order (the “Order”) can be found here.
As set forth in the Order, Media Matters had garnered the attention of Elon Musk when, in 2023, it…
Read More FTC Settles With Watchdog Journalism Non-Profit “Media Matters for America”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 UnconstitutionalA 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 UnderwayUPDATE: 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 Requirements