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8 Feb 2023, 4:47 am
The jury is still out on what remedies will ultimately be deemed sufficient, but to me the CMA appears far more constructive than the FTC at this stage.Let me put it this way: the CMA has certain preferences and principles, but what I've read so far (and after this post I'm going to read everything else in full detail) does not come across as the position of a dogmatically entrenched competition enforcer. [read post]
7 Feb 2023, 10:45 pm
As an app developer who complained about Apple and Google, I'm grateful to the Biden Administration for putting it back on the agenda, such as through a recent Department of Commerce report and now, especially, the mentioning of antitrust in the SOTU speech.In order to build bipartisan consensus, however, it is suboptimal to call for "legislation to strengthen antitrust enforcement" as House Republicans have made it very clear they do not want to give more powers to FTC chair… [read post]
7 Feb 2023, 7:44 pm
Analyzing a new Federal Trade Commission (FTC) report, the Biden administration’s 2022 AI Bill of Rights and American and European legislative reform efforts, including the Algorithmic Accountability Act of 2022, the Data Privacy and Protection Act of 2022, the European General Data Protection Regulation (GDPR) and the new draft EU AI Act, the article finds that governments are developing regulatory strategies that almost exclusively address the risks of AI while paying short shrift… [read post]
7 Feb 2023, 1:08 pm
In an unprecedented move, the FTC has issued a Notice of Proposed Rulemaking that would render unenforceable all non-compete agreements currently in existence (with limited exception), and would bar employers from entering into any contract that that could conceivably prevent a worker from seeking or accepting certain employment, or operating certain businesses, after the conclusion of the worker’s employment with the employer. [read post]
7 Feb 2023, 1:00 pm
Last year, an FTC blog stated that it can be a “de facto” violation of the FTC Act in some cases to not provide notice to consumers, and this appears to be the first FTC case to actually allege that as a specific FTC Act violation. [read post]
7 Feb 2023, 10:30 am
Analyzing a new Federal Trade Commission (FTC) report, the Biden administration’s 2022 AI Bill of Rights and American and European legislative reform efforts, including the Algorithmic Accountability Act of 2022, the Data Privacy and Protection Act of 2022, the European General Data Protection Regulation (GDPR) and the new draft EU AI Act, the article finds that governments are developing regulatory strategies that almost exclusively address the risks of AI while paying short shrift… [read post]
7 Feb 2023, 10:28 am
The FTC cites studies that have tried to quantify this effect through studying patenting activity. [read post]
7 Feb 2023, 7:57 am
He also urged the FTC to take a losing position in the Meta-Within context (see my analysis of the order denying the FTC's motion for a preliminary injunction) and told the FTC last week, via Bloomberg, not to worry about losses. [read post]
7 Feb 2023, 7:53 am
Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. [read post]
7 Feb 2023, 7:13 am
The Federal Trade Commission (FTC) has announced that it will be hosting a public forum on February 16, 2022, from 12:00-3:00 p.m. [read post]
7 Feb 2023, 6:34 am
Department of Justice, acting on behalf of the FTC, filed a Complaint and Proposed Stipulated Order detailing the FTC’s allegations and the terms of the proposed settlement. [read post]
7 Feb 2023, 5:27 am
When a tech company moves to your city, the effects ripple far beyond just the people it employs. [read post]
6 Feb 2023, 11:33 pm
Apple, a market for iOS subscription-based game services was rejected, and I had my doubts about that one, too, just like I now disagree with the FTC's market definitions in the Microsoft-ActivisionBlizzard context.The class-action lawyers want to have it both ways. [read post]
6 Feb 2023, 9:05 pm
Nearly two decades ago, the Federal Trade Commission (FTC) created the National Do Not Call Registry. [read post]
6 Feb 2023, 10:38 am
It has been reported that the Federal Trade Commission (the “FTC”), which shares antitrust enforcement authority with the DOJ (together the “Agencies”), intends to withdraw the Healthcare Statements as well. [read post]
6 Feb 2023, 8:19 am
First, the FTC acknowledged that it couldn’t get monetary relief after AMG. [read post]
6 Feb 2023, 6:35 am
According to an FTC blog post that accompanied its release, the new Guidance purports to “correct misunderstandings” and “urban myths” that have circulated about FTC substantiation standards. [read post]
4 Feb 2023, 6:03 am
The HSR Act establishes the FTC and DOJ Premerger Notification Program, which is designed to allow the agencies to review the proposed transaction for potential antitrust concerns. [read post]
4 Feb 2023, 2:12 am
EU clearance would make things (even) harder for the class-action plaintiffs in California.I will update this chart again in due course.In case you missed them, here are my two previous posts on this merger topic:First procedural dispute between Sony and Microsoft in Activision Blizzard FTC proceeding: Sony suggests it will cost many millions of dollars to answer Microsoft's questionsMeta-Within court ruling based on issues unrelated to FTC's Microsoft-ActivisionBlizzard… [read post]
3 Feb 2023, 10:04 pm
Michael Chappell to side with one party or the other.Sony also has a problem with the FTC's own discovery request, which I find odd given that no one urged the FTC to start this in-house adjudicative proceeding as vehemently as Sony did.Sony's lead counsel in the FTC's Microsoft-ActivisionBlizzard proceedings is Cleary Gottlieb's Bruce Hoffman. [read post]
