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”
Blog of Reason
Wiggin and Dana’s Antitrust and Consumer Protection Blog
The Blog of Reason, published by Wiggin and Dana LLP, focuses on legal developments primarily in antitrust, unfair trade practices, business torts, and consumer protection law. It covers topics such as merger remedies, enforcement actions by the Federal Trade Commission and Department of Justice, noncompete agreements, and regulatory compliance. The blog also addresses state-specific antitrust statutes and case law, particularly in Connecticut, and discusses practical implications for clients in healthcare, technology, and other industries. It provides updates on litigation, regulatory changes, and enforcement trends relevant to corporate clients and legal practitioners.
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Trump 2.0 — Back to the Future?
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 FTC Has Significantly Expanded the Scope of Its Negative Option Rule
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…
FTC Finalizes Dramatic Changes to HSR Premerger Filing
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…
Texas Court Strikes Down FTC’s Rule Banning Non-Competition Covenants
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…
Beware! The FTC Has Adopted A New Rule Regarding Fake Consumer Reviews and Testimonials
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…
Federal Trade Commission Issuing Non-Compete Clause Rule
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…
Federal Trade Commission’s New Trade Regulation Rule
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…
Staying in Commission: Guidance for Real Estate Companies Facing Potential Antitrust Litigation
What began in 2019 as two antitrust lawsuits against the National Association of Realtors (NAR) and four national brokerages has turned into a flood of class action litigation against residential brokers and realtor associations. Following a Kansas City jury’s $1.78…
Recent Developments Concerning So-Called “Algorithmic Collusion’
Artificial Intelligence (AI) is quickly evolving to be more capable and efficient in ways that defy even our own imaginations. It is then no surprise that businesses are increasingly looking to AI, including AI-driven pricing algorithms, to optimize their business…