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 Unconstitutional
FTC Foregoes Administrative Proceeding Option, Indicating Procedural Changes to Merger Enforcement are Underway
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
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
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 InterestDistrict Court Vacates HSR Reporting Requirements
Last week, a Texas federal district court vacated the Federal Trade Commission Final Rule from 2025 that expanded the information companies must include in Hart-Scott-Rodino (“HSR”) premerger notifications.[1]
The Final Rule, which went into effect in February 2025, greatly increased reporting burdens on parties to a merger or acquisition, including by requiring parties to provide narrative descriptions of their transaction rationale; produce all transaction-specific
Read More District Court Vacates HSR Reporting Requirements2025 Antitrust Round-Up
The last stretch of 2025 saw significant developments in antitrust litigation involving algorithmic pricing and listing services in the real estate sector. As artificial-intelligence driven software and other real estate business practices continue to generate antitrust litigation, companies should remain vigilant about the risks of incorporating new technologies and listing policies into their business models.
Algorithmic Pricing: Settlements and New Legislation.
Four settlements involving algorithmic
Read More 2025 Antitrust Round-UpFTC Sets Aside Rytr LLC Final Order, Citing the Trump Administration’s AI Action Plan
On December 22, 2025, the FTC reopened and set aside the FTC’s 2024 consent order against the AI company Rytr LLC.[1] This move was made by the two active members, Chair Andrew Ferguson and Commissioner Mark Meador, leading the normally five-member agency. These members ordered the Rytr consent decree to be set aside because the initial complaint against Rytr “failed to satisfy the legal
Read More FTC Sets Aside Rytr LLC Final Order, Citing the Trump Administration’s AI Action PlanMerger Remedies Are Back in Play: Recent Developments
Recent merger settlements further confirm that merger remedies are back and indicate the healthcare industry remains a priority for antitrust enforcers.
In July, we published an alert regarding the resolutions of two merger investigations initiated by the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ).[1] We observed a key shift in enforcement policies under the new Trump administration based on
Read More Merger Remedies Are Back in Play: Recent DevelopmentsFTC’s Click to Cancel Rule Has Been Vacated!
The United States Court of Appeals for the Eighth Circuit has recently vacated the Federal Trade Commission’s revised Negative Option Rule, also known as the “Click to Cancel” Rule [hereinafter the “Rule”], on procedural grounds, citing various flaws during the regulation-making process.[1]
We previously reported that the Rule was scheduled to go into effect on July 14. The Eighth Circuit’s decision means that the
Read More FTC’s Click to Cancel Rule Has Been Vacated!Introducing Blog of Reason: Wiggin and Dana’s Antitrust and Consumer Protection Blog
Wiggin and Dana’s Antitrust and Technology Disputes Practice Group is excited to launch Blog of Reason, named for the so-called “rule of reason” under U.S. antitrust law. As followers of antitrust law know, a “rule of reason” analysis is expansive, searching, and nuanced. Blog of Reason aspires to be the same. But our blog’s coverage will be broader than its namesake legal framework, offering
Read More Introducing Blog of Reason: Wiggin and Dana’s Antitrust and Consumer Protection Blog