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FTC Chairman Andrew N. Ferguson Announces that the FTC and DOJ’s Joint 2023 Merger Guidelines Are in Effect (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chairman Andrew N. Ferguson announced today that the FTC and Department of Justice’s joint 2023 Merger Guidelines are in effect and will serve as the framework for the FTC’s merger-review analysis. “Stability is good for the enforcement agencies. The wholesale rescission and reworking of guidelines is time consuming and expensive,” Chairman Ferguson said. “We should undertake this process sparingly. We have limited resources to patrol the beat and constant turnover undermines agency credibility.” Chairman Ferguson’s memo to staff on the Merger Guidelines can be found here
Federal Trade Commission Launches Inquiry on Tech Censorship (Federal Trade Commission Concurrence communiqués)
: Today, the Federal Trade Commission launched a public inquiry to better understand how technology platforms deny or degrade users’ access to services based on the content of their speech or affiliations, and how this conduct may have violated the law. Censorship by technology platforms is not just un-American, it is potentially illegal. Tech firms can employ confusing or unpredictable internal procedures that cut users off, sometimes with no ability appeal the decision. Such actions taken by tech platforms may harm consumers, affect competition, may have resulted from a lack of competition, or may have been the product of anti-competitive conduct. The FTC issued a Request for Information (RFI) requesting public comment on how consumers may have been harmed by technology platforms that limited their ability to share ideas or affiliations freely and openly. “Tech firms should not be bullying their users,” said FTC Chairman Andrew N. Ferguson. “This inquiry will help the FTC better understand how these firms [...]
FTC Approves Final Order Requiring Building Service Contractor to Stop Enforcing a No-Hire Agreement (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today finalized a consent order that requires building services contractor Planned Building Services and its affiliated companies to cease their enforcement of no-hire agreements. The FTC issued a complaint in January 2025 against Planned Building Services, Inc., Planned Security Services, Inc., Planned Lifestyle Services, Inc., and Planned Technologies Services, Inc. which do business as Planned Companies, (Planned), alleging that the companies’ enforcement of their no-hire agreements limited workers’ ability to negotiate for higher wages, better benefits, and improved working conditions. Under the no-hire agreements, residential and commercial building owners were limited from hiring building service workers that were employed by Planned. The no-hire agreements were included in customer service agreements with building owners, according to the FTC’s complaint. The final consent order places several restrictions and requirements on Planned, including ordering Planned to cease a[...]
FTC Launches Joint Labor Task Force to Protect American Workers (Federal Trade Commission Concurrence communiqués)
: Today, Federal Trade Commission Chairman Andrew N. Ferguson directed the FTC to form a Joint Labor Task Force that will work to prioritize rooting out and prosecuting deceptive, unfair, and anticompetitive labor-market practices that harm American workers. Pursuant to a memorandum issued by Chairman Ferguson, the FTC’s Bureau of Competition, Bureau of Consumer Protection, Bureau of Economics, and Office of Policy Planning are directed to work together to carry out a variety of responsibilities. The task force will focus on, for example, prioritizing investigations and prosecutions of deceptive, unfair, or anticompetitive labor market conduct and coordinating all such actions across the Bureaus, creating information-sharing protocols across the FTC’s Bureaus and offices to exchange best practices for uncovering and investigating such conduct, and promoting research regarding harmful labor market practices to inform the FTC and the public. A healthy labor market is critical to the country’s success. But decept[...]
FTC Challenges Medical Device Coatings Deal (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today sued to block GTCR BC Holdings, LLC’s (GTCR) acquisition of Surmodics, Inc. (Surmodics), alleging that the deal, which seeks to combine the two largest manufacturers of critical medical device coatings, is anticompetitive. The FTC charges that private equity firm GTCR’s proposed acquisition of Surmodics would create a combined company controlling more than 50% of the market for outsourced hydrophilic coatings. These coatings are often used by medical device manufacturers and are applied to lifesaving medical devices such as catheters and guidewires. “Medical device makers rely on high-quality coatings in designing and bringing to market life-saving devices, such as neurovascular catheters,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “This merger threatens to disrupt competitive dynamics that have ultimately benefited patients. Today, the FTC is stepping in to protect patients from this unlawful acquisition.” GTCR currently owns a majority stake in Bi[...]
FTC Staff Reaffirm Opposition to Proposed Indiana Hospital Merger (Federal Trade Commission Concurrence communiqués)
: Today, Federal Trade Commission staff again urged the Indiana Department of Health to deny Union Hospital, Inc. (Union Health) and Terre Haute Regional Hospital, L.P.’s (THRH) application to merge. FTC staff said Union Health and THRH’s second attempt to merge under a proposed certificate of public advantage , also known as a COPA, presents the same anticompetitive harms as their original application did, according to the FTC’s comment letter . Union Health and THRH’s COPA application would shield the proposed merger from antitrust scrutiny. The FTC warned that the merger poses substantial anticompetitive risks such as higher healthcare costs for patients and lower wages for hospital workers. “This repackaged COPA application presents the same problems as before. Competition consistently results in better outcomes for patients and workers than consolidation subject to COPAs,” said Clarke Edwards, Acting Director of the FTC’s Office of Policy Planning. “The Indiana Department of Health should deny this attem[...]
FTC Chairman Andrew N. Ferguson Appoints Deputy Directors of the Bureaus of Competition and Consumer Protection (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chairman Andrew N. Ferguson today announced he has appointed Taylor C. Hoogendoorn as Deputy Director of the Bureau of Competition and Katherine White as Deputy Director of the Bureau of Consumer Protection. Hoogendoorn is a talented litigator with expertise in a wide range of litigation, including antitrust, tort, contractual, energy, and intellectual property matters. Hoogendoorn joins the FTC after spending time in private practice at a law firm in Houston. He clerked for the Hon. Samuel A. Alito Jr. on the Supreme Court of the United States; the Hon. Gregory G. Katsas on the United States Court of Appeals for the D.C. Circuit; and the Hon. J. Harvie Wilkinson III on the United States Court of Appeals for the Fourth Circuit. Hoogendoorn holds a J.D. from Yale Law School, where he won the Morris Tyler Moot Court of Appeals and served on the Yale Law Journal, and a B.B.A. with majors in Economics, Finance, Mathematics, and Business Fellows from Baylor University. While at Baylor, h[...]
FTC Requests Public Comment on EnCap, Verdun, XCL Petition to Modify Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission is seeking public comment on a petition to reopen and modify a 2022 final consent order involving Verdun Oil Company II LLC’s (Verdun) acquisition of EP Energy LLC (EP). The FTC’s 2022 order settled charges that the acquisition would harm competition for the sale of Uinta Basin waxy crude oil to Salt Lake City refiners. The FTC’s final consent order required the divestiture of EP’s entire business and assets in Utah. The final order also required Verdun, XCL Resources Holdings, LLC (XCL), and their parent entities, EnCap Energy Capital Fund XI, L.P. and EnCap Investments L.P. (together, EnCap), to obtain prior approval from the Commission before engaging in certain acquisition transactions across several counties in Utah. Relevant parties to the 2022 order filed a petition with the Commission that seeks to remove this prior approval requirement covering EnCap, Verdun, and XCL from the final consent order. According to the petition, there have been significant changes since the o[...]
FTC Approves Modification of Enbridge Inc. Final Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission approved a petition by Enbridge Inc. to reopen and set aside the Commission’s 2017 final consent order related to Enbridge’s merger with Spectra Energy Corp. The FTC determined that the requirements of the final consent order are no longer necessary because Enbridge no longer holds any ownership interest in a competing natural gas pipeline called the Discovery Pipeline. By acquiring Spectra, Enbridge gained an indirect ownership interest in the Discovery Pipeline, which is the main competitor to the Walker Ridge Pipeline, a pipeline which Enbridge owns and operates. The FTC alleged that Enbridge’s acquisition of Spectra would result in Enbridge having access to competitively sensitive information about the Discovery Pipeline. Without adequate guardrails, Enbridge could have engaged in anticompetitive conduct that would have made the Discovery Pipeline a less effective competitor or facilitated coordination in the industry. The FTC’s 2017 order with Enbridge settled charges alle[...]
FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission’s initial findings from its surveillance pricing market study revealed that details like a person’s precise location or browser history can be frequently used to target individual consumers with different prices for the same goods and services. The staff perspective is based on an examination of documents obtained by FTC staff’s 6(b) orders sent to several companies in July aiming to better understand the shadowy market that third-party intermediaries use to set individualized prices for products and services based on consumers’ characteristics and behaviors, like location, demographics, browsing patterns and shopping history. Staff found that consumer behaviors ranging from mouse movements on a webpage to the type of products that consumers leave unpurchased in an online shopping cart can be tracked and used by retailers to tailor consumer pricing. “Initial staff findings show that retailers frequently use people’s personal information to set targeted, tailored prices for goods[...]
FTC Chairman Ferguson Congratulates Mark Meador on Confirmation as FTC Commissioner (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chairman Andrew N. Ferguson today congratulated Mark R. Meador on his confirmation to serve as an FTC Commissioner. “I am thrilled to welcome Mark to the Commission,” Chairman Ferguson said. “Mark is a brilliant antitrust lawyer who will be a great asset to the Trump-Vance FTC.” Meador was nominated on January 20, 2025 by President Trump to a term that will expire on September 25, 2031 and confirmed by the Senate on April 10, 2025. Meador most recently worked in private practice and as a visiting fellow at the Heritage Foundation Tech Policy Center. Prior to that, he served as Deputy Chief Counsel for Antitrust and Competition Policy for Sen. Mike Lee, R-Utah. During the first Trump Administration, Meador worked as a trial attorney in the Department of Justice’s Antitrust Division. He began his career as an attorney in the FTC’s Bureau of Competition. Meador earned his law degree from the University of Houston Law Center and his undergraduate degree in philosophy from the University [...]
FTC Seeks Public Comment on Petition to Modify Chevron-Hess Final Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission is seeking public comment on a petition filed by Chevron Corporation and Hess Corporation requesting that the Commission reopen and set aside a final consent order involving Chevron’s acquisition of Hess. The companies filed a petition asking the FTC to set aside its consent order, which prohibits Chevron from nominating, designating, or appointing Hess CEO John B. Hess to the Chevron Board of Directors. The final order was issued in January 2025 . The public will have 30 days, until May 12, 2025, to submit comments on the petition to set aside the consent order. Instructions for filing comments appear on the docket. Once processed, they will be posted on Regulations.gov . After the comment period closes, the Commission will vote to determine how to resolve the
FTC Seeks Public Comment on Petition to Modify Exxon-Pioneer Final Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission seeks public comment on a petition filed by Scott Sheffield, the founder and former CEO of Pioneer Natural Resources, requesting that the Commission reopen and set aside a final consent order involving Exxon Mobil Corporation’s acquisition of Pioneer. On January 17, 2025, the FTC entered into a consent order concerning Exxon’s acquisition of Pioneer. Under the final consent order, Exxon is prohibited from nominating, designating, or appointing Sheffield to the Exxon Board of Directors or from having him serve in an advisory capacity in any way to the Exxon board or Exxon’s management. In addition, the final consent order requires that for a period of five years, Exxon shall not nominate, designate, or appoint any Pioneer employee or director, other than certain named individuals, to the Exxon board. The final consent order was issued in January 2025 . In the petition , Sheffield requests that the Commission set aside and vacate the final order in its entirety. The public will h[...]
FTC Launches Public Inquiry into Anti-Competitive Regulations (Federal Trade Commission Concurrence communiqués)
: Today, the Federal Trade Commission launched a public inquiry into the impact of federal regulations on competition, with the goal of identifying and reducing anticompetitive regulatory barriers. The FTC launched this inquiry in response to President Trump’s Executive Order on Reducing Anticompetitive Regulatory Barriers . Per the Executive Order, the Trump-Vance FTC will be on the front lines of advancing the President’s agenda to revitalize the American economy. The FTC seeks to identify unnecessary regulations that exclude new market entrants, protect dominant incumbents, and predetermine economic winners and losers. “Regulations that reduce competition, entrepreneurship, and innovation can hamper the American economy,” said FTC Chairman Andrew N. Ferguson. “These need to be eliminated or modified to revitalize a competitive market.” In a Request for Information , the FTC invites members of the public to comment on how federal regulations can harm competition in the American economy. The RFI seeks to un[...]
Illinois and Minnesota Join FTC Lawsuit Challenging Medical Device Coatings Deal (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission filed an amended complaint adding the states of Illinois and Minnesota as co-plaintiffs in the Commission’s lawsuit challenging GTCR BC Holdings, LLC’s (GTCR) acquisition of Surmodics, Inc. (Surmodics). The amended complaint also adds GTCR, LLC as an additional defendant in the case. The FTC’s ongoing lawsuit alleges that GTCR’s acquisition of Surmodics would create a combined company controlling more than 50% of the market for outsourced hydrophilic coatings, which are used to produce lifesaving medical devices such as catheters and guidewires. The complaint alleges: Surmodics is the largest provider of outsourced hydrophilic coatings and GTCR owns a majority stake in Biocoat, Inc., the second-largest provider of outsourced hydrophilic coatings. GTCR’s acquisition of Surmodics would eliminate direct competition. The existing competition has resulted in lower prices, higher quality coatings, and product innovation, which has benefitted both medical device manufacturers and patie[...]
FTC and DOJ Issue Letter Seeking Identification of Anticompetitive Regulations Across the Federal Government (Federal Trade Commission Concurrence communiqués)
: Today, the Federal Trade Commission and the Department of Justice Antitrust Division issued a joint letter directing the heads of agencies across the federal government to create a list of anticompetitive regulations that reduce competition, entrepreneurship, and innovation. FTC Chairman Andrew N. Ferguson and Assistant Attorney General Abigail Slater of the DOJ’s Antitrust Division issued the letter, which advances President Trump’s Executive Order on Reducing Anticompetitive Regulatory Barriers. The Executive Order directs all agency heads to provide a list identifying anticompetitive regulations within their agency’s rulemaking authority to the FTC and DOJ. Along with each regulation identified, the agency must include a recommendation for deletion; a recommendation for specific modifications; or a justification for the potential anticompetitive effects. The joint letter follows a recent Request for Information launched by the FTC inviting members of the public to comment on how federal regulations can [...]
FTC Seeks Public Comment on Petition to Modify EQT, Quantum Energy Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission requests public comment on a petition seeking to reopen and set aside a final consent order involving a $5.2 billion cash-and-stock deal between private equity firm Quantum Energy Partners and natural gas producer EQT Corporation. The FTC’s 2023 consent order resolved antitrust concerns that alleged the deal would have made Quantum one of EQT’s largest shareholders and given Quantum a seat on EQT’s board of directors. Quantum and EQT are direct competitors in the production and sale of natural gas in the Appalachian Basin, the largest natural gas-producing region in the United States. In addition, the FTC alleged that an existing joint venture between EQT and Quantum involved in purchasing mineral rights in the Appalachian Basin raised concerns regarding anticompetitive information exchange and the harm to competition in the acquisition of mineral rights. The FTC alleged EQT and Quantum Energy’s deal would violate the antitrust laws and harm competition. Under the FTC’s final ord[...]
FTC and DOJ Host Listening Session on Lowering Americans’ Drug Prices Through Competition (Federal Trade Commission Concurrence communiqués)
: WHAT: The Federal Trade Commission and the Justice Department’s Antitrust Division, along with the Department of Commerce and the Department of Health and Human Services, will jointly host the second of three listening sessions focused on discussing ways to make prescription drugs more affordable for Americans by promoting competition. The second listening session will discuss formulary and benefit practices and regulatory abuse impacting drug competition WHEN: Thursday, July 24, 2025, 2 pm E.T. WHERE: Attendance in-person is by invitation only, but the event is being streamed online . Members of the public may submit questions online . WHO: The listening session will feature remarks by practitioners and
FTC Awarded Grant to Upgrade its Data Processing Capabilities Needed to Analyze Data Used in Investigations (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission has received a $14.6 million Technology Modernization Fund (TMF) grant that will enable the agency to enhance its in-house data processing capabilities and improve the way it analyzes data used in its investigations, saving both time and money. The grant will help the FTC meet President Trump’s goal to make government more efficient and cost effective by improving the agency’s ability to monitor and identify fraud and anti-competitive conduct. The FTC will use the grant to develop a comprehensive cloud-based analytics platform that leverages AI tools and train staff to handle complex data analysis in-house. These new tools will enable the agency to reduce the amount of time it takes to sift through data from weeks to hours. And doing this work in-house will save millions of dollars by reducing the agency’s reliance on more costly outside contractors. The TMF provides grants to federal agencies to modernize IT projects that have a high likelihood of success and generate savings a[...]
FTC and DOJ Host Listening Session on Lowering Americans’ Drug Prices Through Competition (Federal Trade Commission Concurrence communiqués)
: WHAT: The Federal Trade Commission and the Justice Department’s Antitrust Division, along with the Department of Commerce and the Department of Health and Human Services, will jointly host the last of three listening sessions focused on discussing ways to make prescription drugs more affordable for Americans by promoting competition. The third listening session will discuss how to turn insights from previous listening sessions into action to reduce drug prices. WHEN: Monday, August 4, 2025, 2 pm E.T. WHERE: Attendance in-person is by invitation only, but the event is being streamed online . WHO: The listening session will feature remarks by health care policy
FTC Challenges Anticompetitive Medical Device Deal (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today moved to block medical device supplier Edwards Lifesciences Corp.’s (Edwards) proposed acquisition of JenaValve Technology, Inc. (JenaValve) due to concerns that the acquisition would limit patient access to lifesaving medical devices used to treat a potentially fatal heart condition. The FTC alleges that over the span of two days in July 2024, Edwards executed agreements to acquire both JenaValve and JC Medical, the two leading companies competing to bring to market transcatheter aortic valve replacement devices that treat a heart condition called aortic regurgitation (TAVR-AR devices). Edwards closed its acquisition of JC Medical in August 2024, and its proposed $945 million acquisition of JenaValve would combine the only two companies with ongoing clinical trials in the United States for a TAVR-AR device. The deal threatens to reduce competition in the TAVR-AR market, likely resulting in reduced innovation, diminished product quality, and potentially increased prices for[...]
FTC Resolves Antitrust Concerns Arising from Clean Truck Partnership (Federal Trade Commission Concurrence communiqués)
: Today, the Federal Trade Commission closed its investigation into whether several truck and engine manufacturers and their trade association violated the antitrust laws by entering the “Clean Truck Partnership” with the California Air Resources Board (CARB). The Commission has determined that written commitments made by the manufacturers to the Commission, backed by reporting and disclosure obligations, have accomplished the objectives of this investigation. Four manufacturers—Daimler Truck, International Motors, PACCAR, and Volvo Group—control up to 99% of the heavy-duty truck market in the United States. Under the Clean Truck Partnership, these four manufacturers agreed in 2023 to abide by a series of CARB regulations limiting truck sales and greenhouse gas emissions. The Commission’s view, detailed in the closing statement , is that the structure of the Clean Truck Partnership raised several antitrust concerns: The agreement forced manufacturers to produce “zero emissions” engines rather than internal com[...]
FTC Chairman Applauds Revocation of Biden-Harris Executive Order on Competition (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chairman Andrew N. Ferguson issued the following statement in response to President Trump's revocation of the Biden-Harris Administration’s 2021 Executive Order on competition policy: "America’s markets are the most dynamic on Earth, responsible for enriching the entire world through technological innovations, lifting countless people out of poverty, and inspiring other countries to emulate our economic system. Our markets thrive when they operate freely and when the Federal government does not pick winners and losers but allows businesses to grow and innovate. Today’s withdrawal of the Biden-Harris Executive Order on competition marks another break between the last Administration’s failed policies and the Trump-Vance Administration's focus on protecting everyday Americans from anticompetitive practices through tailored action, promoting economic growth, and ensuring that American workers benefit from competition for their labor. The now-withdrawn Executive Order encouraged top-do[...]
Federal Trade Commission Issues Request for Information on Employee Noncompete Agreements (Federal Trade Commission Concurrence communiqués)
: Today the Federal Trade Commission launched a public inquiry to better understand the scope, prevalence, and effects of employer noncompete agreements, as well as to gather information to inform possible future enforcement actions. A noncompete agreement is a contractual term between an employer and a worker that typically blocks the worker from working for a competing employer or starting a competing business after the end of the worker’s employment. While noncompete agreements can serve valid purposes in some circumstances, available evidence indicates that they are often subject to abuse. Members of the public including current and former employees restricted by noncompete agreements, and employers facing hiring difficulties due to a rival’s noncompete agreements, are encouraged to share information about the use of noncompete agreements. “We are asking the public to help shine a light on unfair and anticompetitive agreements,” said Kelse Moen, Deputy Director of the Bureau of Competition and co-chair of [...]
FTC Takes Action to Protect Workers from Noncompete Agreements (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today took action to protect American workers from harmful labor practices by ordering pet cremation company Gateway Services, Inc. and its subsidiary to stop enforcing noncompete agreements against their employees. In a complaint filed against Gateway Services and its subsidiary Gateway US Holdings, Inc., (collectively referred to as Gateway), the FTC alleges that Gateway imposed noncompete agreements on almost all of its employees, which typically prohibited employees from working in the pet cremation service industry anywhere in the U.S. for one year after leaving Gateway. Under a proposed FTC consent order , Gateway must, among other terms, immediately stop enforcing all existing noncompete agreements. The FTC’s proposed order will free nearly 1,800 employees from these restrictive agreements that limit job mobility and the ability to negotiate better wages and benefits. “The Commission will stand up for workers and ensure that they receive all the benefits that flow from rob[...]
Federal Trade Commission Files to Accede to Vacatur of Non-Compete Clause Rule (Federal Trade Commission Concurrence communiqués)
: Today the Federal Trade Commission took steps to dismiss its appeals in Ryan, LLC v. FTC, No. 24-10951 (5th Cir.), and Properties of the Villages v. FTC, No. 24-13102 (11th Cir.), and to accede to the vacatur of the Non-Compete Clause Rule. At the time the Biden FTC issued the Rule, current Chairman Andrew N. Ferguson and Commissioner Melissa Holyoak dissented on the grounds that the FTC lacked the statutory authority to issue the Rule. The district court found that the FTC does lack the authority, and prohibited enforcement of the Rule. The Commission voted 3-1 to dismiss the appeal and accede to the vacatur. Chairman Andrew N. Ferguson issued a statement joined by Commissioner Melissa Holyoak. Commissioner Mark R. Meador issued a concurring statement . Commissioner Rebecca Slaughter issued a dissenting statement
Federal Trade Commission Chairman Andrew N. Ferguson Appoints Emma Mittelstaedt Burnham as Associate Director for Healthcare (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chairman Andrew N. Ferguson has appointed Emma Mittelstaedt Burnham as Associate Director for Healthcare in the Bureau of Competition. “I am delighted to appoint Emma as Associate Director for Healthcare in the Bureau of Competition. She is a talented attorney with many years of experience at the Department of Justice as a senior antitrust enforcer,” said FTC Chairman Andrew N. Ferguson. “Emma will be an invaluable champion in the FTC’s ongoing fight to protect Americans’ access to affordable, high-quality healthcare.” Emma has significant experience leading the investigation and prosecution of complex antitrust conduct cases, having spent 11 years as a prosecutor at the U.S. Department of Justice Antitrust Division. Most recently, she served as the Director of Criminal Enforcement, supervising the Antitrust Division’s price-fixing matters throughout the United States. She previously held the positions of Trial Attorney, Counsel to the Assistant Attorney General, Assistant Chief, and[...]
FTC Chairman Ferguson Issues Noncompete Warning Letters to Healthcare Employers and Staffing Companies (Federal Trade Commission Concurrence communiqués)
: Today, Federal Trade Commission Chairman Andrew N. Ferguson sent letters to several large healthcare employers and staffing firms urging them to conduct a comprehensive review of their employment agreements—including any noncompetes or other restrictive agreements—to ensure they are appropriately tailored and comply with the law. Many healthcare employers and staffing companies may include unreasonable noncompete agreements in employment contracts for vital roles like nurses, physicians, and other medical professionals. These restrictions can unreasonably limit healthcare professionals’ employment options and thereby limit patients’ choices over who provides their medical care—including, critically, in rural areas where medical services are already stretched thin, the letters state. “Enforcement against unreasonable noncompete agreements remains a top priority for the Federal Trade Commission,” said Kelse Moen, Deputy Director of the Bureau of Competition and co-chair of the agency’s Joint Labor Task Force[...]
Three Directors Resign from Sevita Board of Directors in Response to the FTC’s Ongoing Enforcement Efforts Against Interlocking Directorates (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission announced today that three individuals have resigned from their positions on the Board of Directors of Sevita Health (Sevita) in response to the Federal Trade Commission’s enforcement of the Clayton Act, which generally prohibits directors and officers from serving simultaneously on the boards of competitors. “We are committed to enforcing the Clayton Act’s prohibition on interlocking directorates, which risk suppressing competition,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “We are pleased that the firms involved in this case worked with the FTC to resolve this issue quickly. We encourage all firms to review their board memberships to avoid any overlaps with competitors—including when new board members are added as a result of investments by private equity firms or other new shareholders.” Sevita and Beacon Specialized Living Services, Inc. (Beacon) both provide services, including residential facilities, to individuals with intellectual and development[...]
FTC Recommends Anticompetitive Regulations for Deletion or Revision (Federal Trade Commission Concurrence communiqués)
: On Tuesday, Federal Trade Commission Chairman Andrew N. Ferguson submitted recommendations for deleting or revising anticompetitive regulations across the entire federal government to the White House’s Office of Management and Budget. This report is a response to President Trump’s Executive Order on Reducing Anticompetitive Regulatory Barriers . The Executive Order tasked the FTC with finding unnecessary regulations that exclude new market entrants, protect dominant incumbents, and predetermine economic winners and losers, as a first step to repealing them. “President Trump’s Executive Order recognizes that heavy-handed regulations can hurt competition, including by entrenching incumbent firms, raising costs for new entrants, and discouraging innovative new ways to serve customers,” said FTC Bureau of Competition Director Daniel Guarnera. “Competitive markets lower the cost of living, improve the quality of products and services, and drive innovation. Our engagement with citizens across the country and agenc[...]
FTC Announces Workshop on Noncompete Agreements (Federal Trade Commission Concurrence communiqués)
: Today the Federal Trade Commission announced it will host a workshop, titled “ Moving Forward: Protecting Workers from Anticompetitive Noncompete Agreements .” The event will be held on October 8, 2025 from 2:00pm to 6:00pm, at the FTC’s Constitution Center. The event is open to the public, in-person or via livestream. A noncompete agreement is a contractual term between an employer and a worker that typically blocks the worker from taking a job with a competing employer or starting a competing business after the end of the worker’s employment. In practice, noncompete agreements are often subject to abuse. The workshop is part of the Trump-Vance FTC’s efforts to highlight the negative impact of noncompete agreements on American workers and put business on notice of its enforcement priorities. The workshop will be hosted by the FTC’s Labor Task Force, which was created by Chairman Andrew N. Ferguson to prioritize rooting out and prosecuting deceptive, unfair, and anticompetitive labor-market practices that ha[...]
FTC and DOJ Issue Fiscal Year 2024 Hart-Scott-Rodino Annual Report (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission and the Department of Justice’s (DOJ) Antitrust Division released their 47 th Annual Hart-Scott-Rodino (HSR) Report . This report summaries the agencies’ merger enforcement efforts and provides fiscal year 2024 data on the Premerger Notification Program, which alerts the agencies to transactions that may substantially lessen competition in violation of federal law. The report explains that in fiscal year 2024, companies notified the agencies of 2,031 transactions under the HSR Act, approximately one-fourth of which were valued at more than $1 billion. The FTC and DOJ took 32 merger enforcement actions to maintain competition in critically important sectors across the American economy, including healthcare, groceries, technology, labor, and manufacturing. The Commission brought 18 of these actions, six of which resulted in administrative or federal court litigation while in the remaining cases the parties abandoned or restructured their proposed deal as a result of antitrust conce[...]
FTC Alters Final Consent Order in Response to Public Comments, Preventing Coordination in Global Advertising Merger (Federal Trade Commission Concurrence communiqués)
: Following a public comment period, the Federal Trade Commission has approved a final order to settle Federal Trade Commission charges that Omnicom Group Inc.’s $13.5 billion acquisition of The Interpublic Group of Companies, Inc. (IPG) would violate the antitrust laws. The order eliminates Omnicom’s ability to deny advertising dollars to media publishers based on their political or ideological viewpoint, except at the express and individualized direction of Omnicom’s advertiser customers. As announced in June 2025 , the complaint alleged that advertising agencies have coordinated—including through industry associations—on decisions not to advertise on certain websites and applications. Coordination among advertising firms may reduce ad revenues for particular media publishers, forcing those publishers to reduce the amount of content they can offer to their own consumers and their investment in their sites. In response to comments received during the designated public comment period, the Commission modified [...]
Federal Trade Commission, US Department of Justice, and Japan Fair Trade Commission Meet in Washington (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chairman Andrew N. Ferguson, Assistant Attorney General Abigail Slater of the Justice Department’s Antitrust Division, and Japan Fair Trade Commission Chairman Eiji Chatani of the Japan Fair Trade Commission (JFTC) met today in Washington, D.C., to continue the United States and Japan’s long history of engagement on competition issues affecting both countries. “I want to thank Chairman Chatani and the Japan Fair Trade Commission for joining us in a productive and insightful discussion,” said FTC Chairman Andrew N. Ferguson. “The friendship between the United States and Japan is among the most important for both countries, and these strong ties also apply to the longstanding relationship between the U.S. and Japanese competition agencies. I fully expect our collaboration will continue to produce substantial benefits for competition, consumers, and workers in both countries.” Image FTC Chairman Andrew N. Ferguson, Japan Fair Trade Commission Chairman Eiji Chatani, and Assistant Attorne[...]
FTC Denies Petition to Reopen EQT, Quantum Energy Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission denied a petition seeking to reopen and set aside a final consent order involving a $5.2 billion cash-and-stock deal between private equity firm Quantum Energy Partners and natural gas producer EQT Corporation. Following a public comment period, the FTC determined that the petition should be denied since Quantum failed to identify any changes that justify reopening and setting aside the final order. The FTC’s consent order resolved antitrust concerns that alleged the deal would have made Quantum one of EQT’s largest shareholders and given Quantum a seat on EQT’s board of directors. Quantum and EQT are direct competitors in the production and sale of natural gas in the Appalachian Basin, the largest natural gas-producing region in the United States. In addition, the FTC alleged that an existing joint venture between EQT and Quantum, which involved in purchasing mineral rights in the Appalachian Basin, raised concerns regarding anticompetitive information exchange and could harm [...]
FTC Sues Zillow and Redfin Over Illegal Agreement to Suppress Rental Advertising Competition (Federal Trade Commission Concurrence communiqués)
: Today, the Federal Trade Commission sued Zillow and Redfin over an unlawful agreement that eliminates Redfin as a competitor in the market for placing advertising of rental housing on internet listing services (ILSs)—the websites that millions of Americans use to find their next rental home. Zillow Group, Inc., and Zillow, Inc., (Zillow) and Redfin Corporation operate two of the nation’s largest rental ILS networks by traffic and revenue, including sites such as Zillow Rentals, Rent.com, and ApartmentGuide.com. The complaint alleges that in February 2025, Zillow and Redfin entered into an illegal agreement to dismantle Redfin as a competitor in the ILS advertising market for multifamily rental properties. In exchange for a $100 million payment and other compensation from Zillow, the complaint alleges, Redfin agreed: To end its contracts with advertising customers and help Zillow take over that business, To stop competing in the advertising market for multifamily properties for up to nine years, and To serve [...]
FTC Files Amicus Brief on DOJ’s Proposed Final Judgment Against Google for Antitrust Violations (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission filed an amicus brief today in support of the Department of Justice’s Revised Proposed Final Judgment (RPFJ) related to Google’s antitrust violations. In August 2024, a federal judge found that Google violated Section 2 of the Sherman Act by maintaining monopolies in general search services and general text advertising. As part of the RPFJ aimed at remedying these violations, DOJ proposed that Google be required to share targeted portions of its search index, user, and ads data with certain competitors for a limited period of time with suitable security and privacy safeguards. As the nation’s primary privacy enforcer, the FTC has a strong interest in ensuring that companies vigorously protect consumers’ privacy and long experience with crafting appropriate remedies to address such privacy and data security violations. “The privacy safeguards proposed by DOJ are in line with the measures the FTC has required numerous companies to take to address privacy and data security failures,[...]
FTC Chairman Testifies Before House Appropriations Committee on Agency’s Budget (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chairman Andrew N. Ferguson today appeared before the House Appropriations Committee’s Financial Services and General Government Subcommittee to discuss the agency's Fiscal Year 2025 operations, Fiscal Year 2026 priorities and ongoing work to protect consumers and promote competition. Testifying on behalf of the Commission, Chairman Ferguson emphasized the value the FTC provides to U.S. taxpayers. For example, in FY 2024, the agency returned more than $333 million to consumers, equivalent to nearly two-thirds of the agency’s annual budget. The testimony highlighted the FTC’s commitment to using agency resources efficiently and meeting President Trump’s goal of reducing the size of the federal government. In recent months, the FTC has reduced the size of its workforce and cut other costs while still executing on the agency’s priorities – protecting the American people from scams, fraud and other unfair or deceptive practices as well as from harmful collusion and consolidation. The t[...]
FTC Approves Final Order with Welsh Carson (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission finalized a consent order with Welsh, Carson, Anderson & Stowe and its affiliates (collectively referred to as Welsh Carson) that resolves a potential administrative antitrust case against Welsh Carson. The final consent order settles FTC charges that alleged Welsh Carson, through its portfolio company U.S. Anesthesia Partners (USAP), engaged in anticompetitive acquisitions to suppress competition and drive up prices for anesthesiology services in Texas. Under the final consent order , Welsh Carson is required to limit its involvement with USAP and to notify the FTC of specified future acquisitions and investments in anesthesia and other hospital-based physician practices. The final consent order with Welsh Carson follows a federal lawsuit filed by the Commission against USAP and Welsh Carson in September 2023. The Commission alleged that USAP and Welsh Carson engaged in a roll-up scheme by systemically buying up nearly every large anesthesia practice in Texas to create a singl[...]
FTC Renews Challenge of More Than 200 Improper Patent Listings (Federal Trade Commission Concurrence communiqués)
: Continuing its efforts to promote competition and lower drug prices, today the Federal Trade Commission renewed its challenges against dozens of improperly listed device patents that shield brand-name asthma, diabetes, epinephrine autoinjector, and COPD drugs from prompt generic competition. Improper patent listings can delay generic alternatives from entering the market, keeping drug prices artificially high and preventing patients from accessing lower cost drugs. The FTC sent warning letters to Novartis, Amphastar Pharmaceuticals, Mylan Specialty, Covis Pharma, and three Teva entities, and notified the Food and Drug Administration (FDA) that it disputes the appropriateness of more than 200 patent listings in the FDA’s Orange Book across 17 different brand-name products. These patent listings, which the FTC has previously disputed, continue to be maintained in the FDA’s publication of “Approved Drug Products with Therapeutic Equivalence Evaluations,” commonly known as the Orange Book. However, these patents[...]
FTC Dismisses Lawsuit Against PepsiCo (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today voted to dismiss without prejudice a Robinson-Patman Act (RPA) lawsuit against PepsiCo, Inc. (Pepsi) that was filed in the U.S. District Court for the Southern District of New York. The lawsuit, authorized on January 17, 2025, alleged that Pepsi violated Section 5 of the Federal Trade Commission Act and RPA Sections 2(d) and 2(e), which prohibit firms from engaging in price discrimination by providing side payments, such as discounts or services, to favored customers. “The Biden-Harris FTC rushed to authorize this case just three days before President Trump’s inauguration in a nakedly political effort to commit this administration to pursuing little more than a hunch that Pepsi had violated the law,” said FTC Chairman Andrew Ferguson. “Taxpayer dollars should not be used for legally dubious partisan stunts. The FTC’s outstanding staff will instead get back to work protecting consumers and ensuring a fair and competitive business environment.” FTC Commissioner Melissa Holyo[...]
FTC and DOJ File Statement of Interest in Energy Collusion Case Against BlackRock, State Street, and Vanguard (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission, joined by the U.S. Department of Justice Antitrust Division, filed a Statement of Interest in a multistate antitrust case against asset managers BlackRock, State Street, and Vanguard. The case, led by Texas Attorney General Ken Paxton, alleges that BlackRock, State Street, and Vanguard engaged in an anticompetitive conspiracy to drive down coal production as part of an industry-wide “Net Zero” initiative to further anti-coal Environmental, Social, and Governance (ESG) goals. BlackRock, State Street, and Vanguard allegedly exercised their influence as shareholders in competing coal companies to push them to reduce industrywide coal output. The multistate lawsuit alleges that these actions, along with the unlawful sharing of competitively sensitive information and other allegations, increased coal prices and forced American consumers to pay more for energy as part of an unlawful left-wing ideological scheme. The FTC and DOJ, as the nation’s antitrust law enforcers, filed their Sta[...]
FTC to Require Synopsys and Ansys to Divest Assets to Proceed with Merger (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission will require Synopsys, Inc. and Ansys, Inc. to divest certain assets to resolve antitrust concerns surrounding their $35 billion merger. The FTC’s proposed divestiture order will preserve competition across several software tool markets that are critical for the design of semiconductors and light simulation devices, which are used in a wide range of products. The proposed order will help protect consumers from higher input prices for cars, smartphones, cameras, televisions, and other critical products. “The FTC’s action today protects Americans from higher costs for the countless everyday products that use computer chips, LED screens, fiber optic cables, and many other high-tech components,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “The FTC’s divestiture order ensures that competition can thrive across software markets that are critical to designing the digital products that power Americans’ daily lives.” Synopsys is a leading developer and supplier of [...]
FTC and DOJ to Host Listening Sessions on Lowering Americans’ Drug Prices Through Competition (Federal Trade Commission Concurrence communiqués)
: As part of implementing President Trump’s Executive Order No. 14273, Lowering Drug Prices by Once Again Putting Americans First , the Federal Trade Commission and the Justice Department’s Antitrust Division, along with the Department of Commerce and the Department of Health and Human Services, will jointly host listening sessions to discuss ways to make prescription drugs more affordable for Americans by promoting competition. The three listening sessions will occur under the direction of FTC Chairman Andrew N. Ferguson and Assistant Attorney General Gail Slater of the DOJ Antitrust Division. The listening sessions will focus on improving the affordability of pharmaceuticals by increasing generic and biosimilar availability and promoting competition through drug formularies and benefits. The sessions, which will feature remarks by practitioners and scholars, will cover anticompetitive practices as well as eliminating regulatory barriers and rent seeking . The listening sessions will inform the FTC and DOJ’s [...]
FTC Prevents Anticompetitive Coordination in Global Advertising Merger (Federal Trade Commission Concurrence communiqués)
: Today, the Federal Trade Commission took action to resolve antitrust concerns related to Omnicom Group Inc.’s $13.5 billion acquisition of The Interpublic Group of Companies, Inc. (IPG). The FTC accepted a proposed consent order that will prevent potential anticompetitive coordination by Omnicom, a global advertising agency that facilitates media buying by representing advertisers in negotiations with media publishers over conditions such as pricing, ad placement, and sponsorships, as well as helping execute advertisers’ ad campaigns. Omnicom and IPG are the third- and fourth-largest media buying advertising agencies in the U.S. Combined, they will be the world’s largest media buying advertising agency. The proposed order imposes restrictions that prevent Omnicom from engaging in collusion or coordination to direct advertising away from media publishers based on the publishers’ political or ideological viewpoints. “Websites and other publications that rely on advertising are critical to the flow of our natio[...]
Statement on the Grant of Early Termination of the FTC’s Investigation of the Proposed Acquisition of Kellanova by Mars (Federal Trade Commission Concurrence communiqués)
: Today, the FTC granted early termination of its review of Mars, Incorporated’s proposed acquisition of Kellanova. Mars is a global manufacturer of pet care, snacking, and food products. Kellanova owns legacy Kellogg brands, including in snacks, crackers, and frozen breakfasts, after spinning off its North American cereals business in 2023 as WK Kellogg Co. “The Commission cares deeply about any competition concerns that affect American consumers, including in food products,” said Daniel Guarnera, Director of the Bureau of Competition. “Commission staff closely reviewed every aspect of this transaction, including both specific product markets and potential portfolio effects from the acquisition. They turned over every stone needed to arrive at a robust assessment of the likely competitive effects of this transaction. After nearly a year of investigation, dozens upon dozens of interviews with non-parties at all levels of the supply chain (including large chains and small, independent businesses), extensive dat[...]
FTC Takes Action to Prevent Anticompetitive Effects of Retail Gas Station Deal (Federal Trade Commission Concurrence communiqués)
: Today, the Federal Trade Commission took action to protect Americans from paying higher prices at the pump by resolving antitrust concerns surrounding Alimentation Couche-Tard Inc.’s (ACT) proposed $1.57 billion acquisition of 270 retail fuel outlets from grocery store chain Giant Eagle, Inc. ACT currently operates more than 7,100 stores in the United States, primarily under the brand Circle K. Under the proposed consent order , the FTC will require ACT to divest 35 gas stations, which will be acquired by Majors Management, LLC. The consent order settles FTC charges that ACT’s deal with Giant Eagle is anticompetitive and will likely lead to higher fuel costs for consumers across Indiana, Ohio, and Pennsylvania. “This anticompetitive acquisition threatened to make Americans pay more at the pump by raising fuel prices,” said Daniel Guarnera, Director of the FTC’s Bureau of Competition. “The FTC’s action today preserves competition between gas stations that is critical for keeping fuel prices in check. The FTC [...]
FTC and DOJ Host Listening Session on Lowering Americans’ Drug Prices Through Competition (Federal Trade Commission Concurrence communiqués)
: WHAT: The Federal Trade Commission and the Justice Department’s Antitrust Division, along with the Department of Commerce and the Department of Health and Human Services, will jointly host the first of three listening sessions focused on discussing ways to make prescription drugs more affordable for Americans by promoting competition. The first listening session will discuss anticompetitive conduct that impedes generic or biosimilar competition. WHEN: Monday, June 30, 2025, 2 pm E.T. WHERE: Attendance in-person is by invitation only, but the event is being streamed online . Members of the public may submit questions online . WHO: The listening session will feature remarks by practitioners and
FTC Grants in Part, Denies in Part EnCap, Verdun, XCL Petition to Modify Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission has approved in part and denied in part a petition to modify a final consent order involving the acquisition of EP Energy LLC (EP Energy) by a subsidiary of EnCap Capital Fund XI, L.P. and EnCap Investments L.P. (together, EnCap). The 2022 consent order settled charges that the acquisition would harm competition for the sale of Uinta Basin waxy crude oil to Salt Lake City area refiners. The consent order required the divestiture of EP Energy’s entire business and assets in Utah, and required EnCap and its subsidiaries Verdun Oil Company II LLC (Verdun) and XCL Resources Holdings, LLC (XCL) to obtain prior approval from the FTC before engaging in certain acquisitions in the seven Utah counties comprising the Uinta Basin. EnCap, Verdun, and XCL filed a petition with the FTC earlier this year that sought to remove the prior-approval requirement. To support their request, the parties noted in the petition that XCL sold all its interests in the Uinta Basin and currently none of th[...]
FTC Denies Sheffield’s Petition to Reopen and Set Aside the Exxon-Pioneer Final Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission denied a request filed by Scott Sheffield, the founder and former CEO of Pioneer Natural Resources, to reopen and set aside a final consent order involving Exxon Mobil Corporation’s acquisition of Pioneer. Sheffield’s petition to reopen and set aside the final order in its entirety must be denied because Sheffield is not a party to the final order and therefore cannot make use of the petition process, as defined by the FTC’s Rules of Practice, specifically Rule 2.51. The FTC’s final consent order, issued in January 2025, prohibits Exxon from nominating, designating, or appointing Sheffield to the Exxon board of directors or from having him serve in an advisory capacity in any way to the Exxon board or Exxon’s management. In addition, the final consent order requires that for a period of five years, Exxon shall not nominate, designate, or appoint any Pioneer employee or director, other than certain named individuals, to the Exxon board. The final consent order resolved an FTC c[...]
FTC Approves Final Order in Chevron-Hess Deal (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today finalized a consent order that resolves antitrust concerns surrounding Chevron Corporation’s acquisition of oil producer Hess Corporation. The final consent order settles charges brought by the FTC in September 2024 . Under the final consent order , Chevron is prohibited from nominating, designating, or appointing Hess CEO John B. Hess to the Chevron Board. Additionally, with certain exceptions noted below, under the final consent order, Chevron is prohibited from allowing John Hess to serve in an advisory or consulting capacity to, or as a representative of, Chevron or the Chevron Board. Under the final order, Chevron is allowed to consult with John Hess and allow him to serve as an advisor, consultant, or representative of Chevron, solely related to interactions and discussions with (a) Guyanese government officials about Hess’s oil-related and health ministry-related activities in Guyana, and (b) the Salk Institute’s Harnessing Plants Initiative. Following a public comme[...]
FTC Sues PepsiCo for Rigging Soft Drink Competition (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today sued PepsiCo, Inc. (Pepsi) alleging that the second-largest food company in the world has engaged in illegal price discrimination by providing one customer—a large, big box retailer—with unfair pricing advantages, while raising prices for competing retailers and customers. For years, Pepsi has disadvantaged retailers—ranging from large grocery chains to independent, local convenience stores—who compete with one of its largest big box customers by consistently giving that favored large, big box retailer customer key benefits and advantages, such as promotional payments, while denying those same benefits to its competitors, the FTC’s complaint alleges. Pepsi’s unfair practices have led to inflated prices for American families, while denying competing retailers the ability to fairly compete. Pepsi’s illegal conduct violates the Robinson-Patman Act (RPA), the FTC’s complaint alleges. “When firms like Pepsi give massive retailers a leg up, it tilts the playing field against sma[...]
FTC Approves Final Order Requiring Building Service Contractor to Stop Enforcing No-Hire Agreement (Federal Trade Commission Concurrence communiqués)
: Today, the Federal Trade Commission finalized a consent order that requires building services contractor Guardian Service Industries, Inc. (Guardian) to stop enforcing a no-hire agreement. The FTC alleged in a complaint filed in December 2024 that Guardian’s no-hire agreement prohibited building owners and competing building service contractors from hiring Guardian’s employees. For Guardian employees—which include concierge personnel, custodians, and maintenance technicians—these no-hire agreements limit their ability to negotiate for higher wages, better benefits, and improved working conditions, the FTC’s complaint alleged. The final consent order places several requirements and restrictions on Guardian, including ordering Guardian to cease and desist from, directly or indirectly, enforcing a no-hire agreement or communicating to any prospective or current customer that a Guardian employee is subject to a no-hire agreement. Following a public comment period, the Commission voted 3-2 to approve the final o[...]
FTC Approves Final Order in Exxon-Pioneer Deal (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission today finalized a consent order that resolves antitrust concerns surrounding Exxon Mobil Corporation’s (Exxon) acquisition of oil producer Pioneer Natural Resources. The final consent order settles FTC charges first announced in May 2024 . Under the final consent order , Exxon is prohibited from nominating, designating, or appointing founder and former Pioneer CEO Scott Sheffield to the Exxon board or from serving in an advisory capacity in any way to the Exxon board or Exxon’s management. Additionally, the final consent order requires that for a period of five years, Exxon shall not nominate, designate, or appoint any Pioneer employee or director, other than certain named individuals, to the Exxon board. In addition, under the final order, Exxon, for a period of 10 years, will agree to certain Clayton Act Section 8 attestation and reporting obligations. Following a public comment period, the Commission voted 3-2 to approve the final order, with Commissioners Andrew N. Ferguson [...]
FTC Releases Summary of Key Accomplishments (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chair Lina M. Khan released a summary of the agency’s key accomplishments over the last four years that have improved Americans’ everyday lives and stopped illegal consolidation that raises prices and hampers innovation. These actions include : Putting Money Back in Americans’ Pocketbooks: The Commission has helped put more money back into the pockets of American consumers by banning junk fees for short-term lodging and live-event ticketing; finalizing a “click to cancel” rule requiring companies to make it just as easy to cancel subscriptions as it is to sign up; and banning auto dealers from sticking American consumers with junk fees. The agency took action against companies that use deceptive dark patterns to trick consumers into making unwanted purchases, obtaining more than $245 million for consumer refunds from Fortnite maker Epic Games . The FTC also secured $48 million in refunds for consumers who the agency alleged were charged junk fees, suffered unfair eviction prac[...]
FTC Seeks Public Comments on Enbridge Inc.’s Petition to Set Aside 2017 Order (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission is seeking public comment on a petition by Enbridge Inc. requesting that the Commission reopen and set aside a final consent order issued in 2017 regarding Enbridge’s merger with energy infrastructure company Spectra Energy Corp. The FTC’s 2017 order with Enbridge settled charges alleging that the proposed merger between Enbridge and Spectra would harm competition in the market for pipeline transportation of natural gas in three production areas off the coast of Louisiana. The FTC’s complaint alleged the merger likely would reduce natural gas pipeline competition within the Green Canyon, Walker Ridge, and Keathley Canyon production areas in the Gulf of Mexico because, after the acquisition, Enbridge would have an indirect ownership interest in the Discovery pipeline, the main competitor to Enbridge’s own Walker Ridge pipeline. Under the final consent order Enbridge was required to establish firewalls to limit its access to non-public information about the Discovery pipeline. Al[...]
FTC Chairman Ferguson Appoints Daniel Guarnera as Director of Bureau of Competition (Federal Trade Commission Concurrence communiqués)
: Federal Trade Commission Chairman Andrew N. Ferguson has appointed Daniel Guarnera as Director of the Bureau of Competition. “I am thrilled Dan is joining the FTC as Director of the Bureau of Competition,” said Chairman Ferguson. “He has tremendous experience litigating antitrust cases in critical markets, including agriculture and Big Tech. Few lawyers in America have as much experience taking on Big Tech as Dan. He also has experience using the antitrust laws to promote competition in labor and healthcare markets—two of my top priorities. Under Dan’s leadership, the Bureau of Competition will do its part to fulfill President Trump’s promise to lower the cost of living for all Americans, to promote innovation, and to protect the interests of American workers.” Guarnera joins the Commission from the U.S. Department of Justice Antitrust Division, where he served as chief of the Civil Conduct Task Force. During his tenure, the task force filed monopolization suits against Google and Apple, as well as multiple [...]
FTC Publishes Inflation-Adjusted Civil Penalty Amounts for 2025 (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission has adjusted the maximum civil penalty dollar amounts for violations of 16 provisions of law the FTC enforces, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The Act directs agencies to implement annual inflation adjustments based on a prescribed formula. The new maximum civil penalty amounts became effective once they were published in the Federal Register on January 17, 2025. The maximum civil penalty amount has increased from $51,744 to $53,088 for violations of Sections 5(l), 5(m)(1)(A), and 5(m)(1)(B) of the FTC Act, Section 7A(g)(l) of the Clayton Act, and Section 525(b) of the Energy Policy and Conservation Act. It has increased from $680 to $698 for violations of Section 10 of the FTC Act. The maximum civil penalty amount has increased from $1,472,546 to $1,510,803 for violations of Section 814(a) of the Energy Independence and Security Act of 2007. The maximum civil penalty amounts for other law violations within the agency’[...]
FTC Requires Divestiture of Oil Change Shops in Valvoline-Greenbriar Deal (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission will require automotive services company Valvoline Inc. and private equity firm Greenbriar Equity Fund V., L.P. (Greenbriar) to divest 45 quick-lube oil change shops to resolve antitrust concerns surrounding their $625 million deal. Main Street Auto, LLC will acquire the divested outlets from Greenbriar under the terms of the FTC’s proposed divestiture order . Valvoline seeks to acquire approximately 200 quick-lube oil change outlets from Greenbriar. Greenbriar, via a subsidiary, currently operates these quick-lube oil change outlets under the name Oil Changers. Quick-lube oil change outlets reliably provide oil changes to customers in under 30 minutes without an appointment. The FTC’s proposed divestiture order will protect Americans from higher prices for quick-lube oil changes and lower quality quick-lube oil change services in California, Kentucky, Idaho, Illinois, Indiana, Michigan, Washington, and Wisconsin. “The FTC took action today to ensure that quick-lube oil changes r[...]
FTC Approves Final Consent Order in ACT-Giant Eagle Deal (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission finalized a consent order that resolves antitrust concerns surrounding Alimentation Couche-Tard Inc.’s (ACT) $1.57 billion acquisition of 270 retail fuel outlets from grocery store chain Giant Eagle, Inc. (Giant Eagle). ACT currently operates more than 7,100 stores in the United States, primarily under the Circle K brand. The FTC’s action helps to preserve competition between gas stations and keep fuel prices in check. The final consent order requires ACT to divest 35 retail gasoline and diesel fuel stations to Majors Management, LLC. These divestitures address the FTC’s allegations that ACT’s acquisition of retail fuel outlets from Giant Eagle will harm competition and lead to higher fuel costs for consumers in Indiana, Ohio, and Pennsylvania. Following a public comment period, the Commission voted 2-0 to approve the final
FTC Approves Final Order Prohibiting Noncompete Enforcement by Gateway Services (Federal Trade Commission Concurrence communiqués)
: The Federal Trade Commission finalized a consent order that requires pet cremation company Gateway Services, Inc. and its subsidiary to stop enforcing noncompete agreements against their employees. Gateway’s noncompete agreements prohibited employees from working in the pet cremation service industry anywhere in the United States for one year after leaving Gateway. Under the terms of the FTC’s final consent order , Gateway is required to stop enforcing existing noncompete agreements specified in the order and is prohibited from entering into similar agreements moving forward. The order will free nearly 1,800 employees from these restrictive noncompete agreements that limit job mobility and the ability to negotiate better wages and benefits. The final consent order resolves an FTC complaint that alleged Gateway’s noncompete agreements are anticompetitive and suppress competition. Following a public comment period, the Commission voted 2-0 to approve the final
FTC Issues Annual Report to Congress on Agency’s Actions to Protect Older Adults (Federal Trade Commission - Protecting America's Consumers)
: Today, the Federal Trade Commission issued its annual report to Congress on protecting older adults, which shows a big increase in the number of older adults reporting losses of over $100,000 to scams. The report, Protecting Older Consumers, 2024-2025, A Report of the Federal Trade Commission , details the FTC’s multipronged efforts to stop unfair and deceptive acts and practices that impact older Americans through law enforcement actions, rulemaking, and consumer education campaigns and outreach. It also highlights statistics gathered through consumer reports on fraud targeting older adults. “The FTC’s latest report details the agency’s commitment to protecting older Americans from scams that rob them of their hard-earned money,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “The FTC is doing everything possible to protect older adults and shut down illegal scams.” Older Adult Fraud Reporting Findings The report outlines key findings from reports submitted in 2024 to the C[...]
Greystar Agrees to Pay $24 Million and Stop Deceptive Advertising Practices as a Result of FTC and Colorado Lawsuit Alleging the Firm Deceived Consumers About Rent Prices (Federal Trade Commission - Protecting America's Consumers)
: Greystar, the nation’s largest multi-family rental property manager, has agreed to pay $23 million to the Federal Trade Commission and $1 million to the State of Colorado and stop its deceptive advertising practices to resolve charges that the company misled consumers about monthly rent costs by tacking on hidden fees on top of advertised prices. The proposed order also requires the company to clearly and conspicuously display total monthly leasing prices and mandatory fees. “Greystar misled consumers by advertising low rent prices and then adding mandatory fees at the end of the sales process,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “At a time when Americans are struggling to find affordable housing, the FTC is focused on monitoring the housing marketplace to ensure that competitors are meaningfully competing on price and that consumers receive transparent pricing.” In January 2025, the FTC and Colorado alleged Greystar misrepresented the true cost of renting a Grey[...]
FTC Sends Payments to Consumers Impacted by Avast’s Deceptive Privacy Claims (Federal Trade Commission - Protecting America's Consumers)
: The Federal Trade Commission is sending payments totaling nearly $15.3 million to consumers who were affected by deceptively marketed antivirus software from Avast. In February 2024, the FTC alleged that Avast used its browser extensions and antivirus software to collect, store, and sell consumers’ browsing information without adequate notice and without consumer consent. The FTC also alleged that Avast deceived users by claiming that the software would protect consumers’ privacy by blocking third party tracking, but it failed to adequately inform consumers that it would then sell their detailed, re-identifiable browsing data. As part of the June 2024 settlement with the FTC , Avast is required to provide redress to consumers and is prohibited from selling or licensing web browsing data for advertising purposes. The FTC is sending checks, PayPal, and Zelle payments to 103,152 Avast customers who filed a valid claim. Consumers selected their payment method when they completed their claim form. Check recipien[...]
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