The Federal Trade Commission’s (“FTC”) recent settlement of the Synopsys/Ansys merger and the Department of Justice Antitrust Division’s (“DOJ”) settlement of the Keysight/Spirent merger are signs that, under the new Trump administration, the agencies are interested in putting merger remedies, which had essentially been a non-starter during the Biden administration, back on the table. FTC Chair Andrew Ferguson, who issued a statement in connection with
Read More Merger Remedies are Back in Play under Trump 2.0Important Announcement Regarding the FTC’s Revised Negative Option Rule
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As we previously reported, on October 16, 2024, the Federal Trade Commission (FTC), after receiving thousands of public comments, released the final version of its Negative Option Rule. The Rule is now scheduled to go into effect on July 14, 2025.[1] Any company with automatic renewal subscriptions or memberships will be impacted by the Rule.
The Rule, also known as the “Click-to-Cancel” Rule, will regulate…
Read More Important Announcement Regarding the FTC’s Revised Negative Option RuleThe FTC Releases New “Junk Fee” Rule
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The Federal Trade Commission (“FTC”) has announced its narrowed “Junk Fee” Rule that targets pricing practices in the short-term lodging and live-event ticketing industries.[1] The Rule results from the FTC’s efforts over the past year to ban so-called “bait-and-switch” pricing tactics to ensure that, “consumers searching for hotels or vacation rentals or seats at a show or sporting event will no longer be surprised…
Read More The FTC Releases New “Junk Fee” RuleTrump 2.0 — Back to the Future?
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After winning the presidency, Donald Trump will look to bring his own antitrust enforcement priorities to his second administration. During his first term, Donald Trump’s Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) engaged in relatively robust enforcement of the antitrust laws, including suing to block the proposed merger of AT&T/Time Warner, as well as bringing cases against Google and Meta (formerly Facebook) for…
Read More Trump 2.0 — Back to the Future?The FTC Has Significantly Expanded the Scope of Its Negative Option Rule
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On October 16, 2024, the Federal Trade Commission (“FTC”) released its Negative Option Rule. A “negative option” is an arrangement where goods or services are provided based on a consumer’s silence, a failure to take some affirmative action to reject or cancel. The most recognized type of negative option program is a subscription service with automatic renewal features.
The Rule, also known as the “Click-to-Cancel”…
Read More The FTC Has Significantly Expanded the Scope of Its Negative Option RuleFTC Finalizes Dramatic Changes to HSR Premerger Filing
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On October 10, the Federal Trade Commission (“FTC”) announced its final rules with respect to Premerger Notification under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (as amended) (“HSR”). The final rules formalize what will be the largest change to premerger notification requirements since at least 2000. The final rules follow from the draft rules that the FTC published in June 2023.[1] The new…
Read More FTC Finalizes Dramatic Changes to HSR Premerger FilingTexas Court Strikes Down FTC’s Rule Banning Non-Competition Covenants
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On August 20, 2024, a federal court in Dallas ruled that the FTC exceeded its authority in promulgating a sweeping rule banning non-competition covenants nationwide thereby putting the rule on ice. The court determined that Congress did not grant the FTC authority to issue substantive rules concerning unfair methods of competition, as the non-compete rule purported to do, rather the FTC was only empowered to…
Read More Texas Court Strikes Down FTC’s Rule Banning Non-Competition CovenantsBeware! The FTC Has Adopted A New Rule Regarding Fake Consumer Reviews and Testimonials
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On August 14, 2024, the Federal Trade Commission’s (“Commission”) new Trade Regulation Rule on the Use of Consumer Reviews and Testimonials (the “Rule”) was finalized and went into effect. The Rule prohibits specified unfair or deceptive acts or practices involving consumer reviews or testimonials. Violations of the Rule can result in a business being assessed civil penalties up to $51,744 per violation. In addition, any…
Read More Beware! The FTC Has Adopted A New Rule Regarding Fake Consumer Reviews and TestimonialsFederal Trade Commission Issuing Non-Compete Clause Rule
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On April 23, 2024, the Federal Trade Commission (FTC) voted to issue a rule prohibiting noncompete agreements with very few exceptions.[1] The issuance of the rule, which was expected, follows the FTC’s prior release of a draft of the proposed rule back in January 2023. Nevertheless, the rule will have a far-reaching effect once, and if, it is fully implemented 120 days after it…
Read More Federal Trade Commission Issuing Non-Compete Clause RuleFederal Trade Commission’s New Trade Regulation Rule
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On April 1, the Federal Trade Commission’s (“Commission”) new Trade Regulation Rule (“Rule”) to combat those that impersonate government entities went into effect. The Rule enables the Commission to directly pursue federal action against scammers who may face civil liability to return money stolen from consumers. This Rule is not simply advisory, but rather the Rule has the force and effect of law. If one…
Read More Federal Trade Commission’s New Trade Regulation Rule