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DOJ, FTC, and HHS extend deadline for public comments on Consolidation in Health Care Markets RFI
Antitrust

The United States Justice Department’s Antitrust Division, the Federal Trade Commission, and the Department of Health and Human Services have announced an extension to the public comment period for the Request for Information (RFI) on Consolidation in Health Care Markets. The deadline has been moved from May 6 to June 5, granting the public an additional 30 days to submit a response.


Washington court rules state's lawsuit to block Kroger and Albertsons merger can continue
Antitrust

A judge from the King County Superior Court in Washington state has denied a request from grocery store conglomerates Kroger and Albertsons to dismiss an antitrust lawsuit filed by Attorney General Bob Ferguson. The trial for this case is set to commence in September.


European Commission designates Apple's iPadOS under the Digital Markets Act
Antitrust

The European Commission has classified Apple's iPadOS, the operating system for tablets, as a gatekeeper under the Digital Markets Act (DMA). This designation requires that iPadOS adhere to DMA obligations within six months.


FTC to Host Compliance Webinar on Rule Banning Noncompetes
Antitrust

The Federal Trade Commission (FTC) will be hosting an online compliance webinar on May 14, 2024, at 11 a.m. ET to discuss the final rule banning noncompetes. According to the FTC, the rule prohibits the use of noncompetes for the majority of workers nationwide, with exceptions for existing noncompetes involving senior executives.The FTC's final rule states, "Employers are banned from entering into or attempting to enforce any new noncompetes, even if they involve senior executives." However, existing noncompetes for senior executives can still be enforced. Employers must...


FTC Order Bans Former Pioneer CEO from Exxon Board Seat in Exxon-Pioneer Deal
Antitrust

The Federal Trade Commission has taken action to address antitrust concerns related to Exxon Mobil Corporation’s acquisition of oil producer Pioneer Natural Resources by preventing former Pioneer CEO Scott Sheffield from joining Exxon's board of directors or serving in an advisory role at the company. The move aims to safeguard competition in the oil market and protect consumers from potential price manipulation.In a statement, Kyle Mach, Deputy Director of the FTC’s Bureau of Competition, emphasized the necessity of barring Sheffield from Exxon's board, stating, “Mr....


FTC, DOJ, and HHS Extend Comment Period on Cross-Government Inquiry on Impact of Corporate Greed in Health Care
Antitrust

The Federal Trade Commission (FTC), the Department of Justice’s (DOJ) Antitrust Division, and the U.S. Department of Health and Human Services (HHS) have announced an extension of the deadline for public comments on a tri-agency Request for Information (RFI) regarding the impact of corporate greed in health care. The new deadline for submissions is now June 5, 2024.According to the announcement, the cross-government inquiry aims to delve into how certain health care market transactions could lead to increased consolidation and profits for corporations while potentially...


FTC Finalizes Order with InMarket Prohibiting Sale of Precise Location Data
Antitrust

The Federal Trade Commission has taken decisive action against digital marketing and data aggregator InMarket, finalizing a settlement that prohibits the company from selling or sharing precise location data. This move follows allegations of unlawful collection and use of consumers' location data for advertising and marketing purposes.According to the FTC, InMarket was found to have collected location information about consumers without fully informing them of how it would be used. This data, which includes sensitive details about where individuals live, work, and...


FTC Action Leads to $43.6 Million in Financial Relief from Water Treatment Financing Company Aqua Finance
Antitrust

The Federal Trade Commission (FTC) has taken action against Aqua Finance, Inc. (AFI), resulting in a settlement that will provide significant financial relief to consumers affected by deceptive sales tactics. The settlement includes $20 million in refunds and $23.6 million in debt forgiveness for consumers harmed by AFI's misleading financing practices.According to Samuel Levine, Director of the FTC’s Bureau of Consumer Protection, AFI and its dealers employed deceptive tactics, including the use of misleading teaser rates, to entice consumers into signing up for loans,...


FTC Takes Action Against BlueSnap for Credit Card Laundering
Antitrust

The Federal Trade Commission is taking action against payment processing company BlueSnap, Inc., along with its former CEO Ralph Dangelmaier and senior vice president Terry Monteith, charging them with knowingly processing payments for deceptive and fraudulent companies. “Companies like BlueSnap that knowingly process payments for scammers are breaking the law and making it easier to cheat consumers,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection.The FTC charged that BlueSnap and its officers processed millions of dollars in credit card...


FTC and DOJ submit comment to FERC on common ownership competition risks
Antitrust

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have jointly called on the Federal Energy Regulatory Commission (FERC) to consider the competitive risks associated with common ownership. This call comes as part of their assessment of acquisitions that involve less than a controlling interest in competing firms. Currently, FERC is inviting public comments as it reviews its existing policy on investment company ownership of electric utilities.


FTC Takes Action Against Improper Patent Listings in Drug Industry
Antitrust

The Federal Trade Commission (FTC) has expanded its efforts to combat the improper listing of patents in the Food and Drug Administration’s Orange Book, targeting over 300 questionable listings for diabetes, weight loss, asthma, and COPD drugs. One of the drugs under scrutiny is Novo Nordisk Inc.’s popular weight-loss medication, Ozempic.FTC Chair Lina M. Khan emphasized the negative impact of bogus patent listings on drug prices, stating, “By filing bogus patent listings, pharma companies block competition and inflate the cost of prescription drugs, forcing Americans to...


FTC and FCC Strengthen Cooperation on Consumer Protection Issues
Antitrust

The Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) have solidified their collaboration on consumer protection matters through the signing of a Memorandum of Understanding (MOU). In response to the FCC's recent decision to restore net neutrality, the agencies aim to work closely together in safeguarding consumers.FTC Chair Lina M. Khan emphasized the importance of the partnership, stating, "The FTC is squarely focused on protecting Americans from illegal business tactics... We look forward to continuing to work in close partnership with the...


Justice Department supports promoting more competition in the incarcerated people’s communications services market
Antitrust

The incarcerated people’s communications services (IPCS) market is currently under the control of a small group of companies. The U.S. Justice Department's Antitrust Division has submitted comments to the Federal Communications Commission (FCC), advocating for new rules that would introduce more competition into this market.


Razer, Inc. to Pay More Than $1.1 Million for Misrepresenting the Performance and Efficacy of Supposed “N95-Grade” Zephyr Face Masks
Antitrust

The Federal Trade Commission announced today that Razer, Inc., the sellers of the Zephyr face mask, will pay over $1.1 million to provide full refunds to consumers nationwide and a civil penalty for misrepresenting the performance and efficacy of the supposed "N95-grade" masks. The complaint alleged that Razer falsely marketed the Zephyr masks as N95-grade without submitting them for testing to the FDA or NIOSH, leading to the deceptive claims being halted only after negative press coverage and consumer outrage."These businesses falsely claimed, in the midst of a global...


FTC issues final rule banning noncompete clauses
Antitrust

The Federal Trade Commission (FTC) has enacted a final rule that prohibits noncompete clauses nationwide. The FTC maintains that this measure will safeguard workers' ability to switch jobs, stimulate innovation, and foster the creation of new businesses.


TopBuild Abandons Proposed Acquisition of SPI After Antitrust Division Concerns
Antitrust

TopBuild Corp. announced its decision today to abandon its proposed $960 million acquisition of its rival, SPI Parent Holding Company (SPI). This decision came after concerns raised by the Antitrust Division of the Justice Department.Assistant Attorney General Jonathan Kanter of the Antitrust Division highlighted the potential negative impact of the proposed acquisition on competition in the United States. Kanter stated, "TopBuild’s proposed acquisition of SPI would have harmed competition across the United States by combining two of the largest providers of important...


FTC meets this week to vote on proposed rule banning noncompete clauses
Antitrust

Washington, D.C. — In a landmark decision that could reshape the American workplace, the Federal Trade Commission (FTC) has scheduled a virtual Open Commission meeting on April 23, 2024, to finalize a rule that would ban noncompete clauses, a move seen as a significant boost to economic liberty and worker mobility.


FTC, DOJ, and HHS launch portal for public to report anticompetitive practices in healthcare
Antitrust

The Federal Trade Commission (FTC), U.S. Justice Department (DOJ), and U.S. Department of Health and Human Services (HHS) have introduced a new tool to help identify illegal anticompetitive behavior in the healthcare industry. The tool, an online portal, allows the public to lodge complaints against companies that engage in practices detrimental to competition.


Australia prepares to update its merger laws
Antitrust

The Australian government is preparing to revise the nation's merger laws, a move that the Australian Competition and Consumer Commission (ACCC) believes will align Australia with other developed countries.


Oklahoma's attorney general files antitrust lawsuits against Enable and Symmetry Energy
Antitrust

Oklahoma Attorney General Gentner Drummond has initiated legal proceedings against Enable entities and Symmetry Energy Solutions LLC. The state contends that these companies breached the Oklahoma Antitrust Reform Act and the Oklahoma Common Carrier statute during a significant winter storm that affected the state three years ago.