Register now to join Crowell & Moring partners Joanna Forster, Cheri Falvey, Clay Marquez, Meghan McMeel, Stefan Meisner, and counsel Shauneida Navarrete as they discuss significant legal changes in the first half of 2025 that impact retailers/e-commerce in the United States. The webinar will take place on Wednesday, July 30, 2025 from 12:00 – 1:00 p.m. ET. Continue Reading Register Now! H2 2025: What Retailers/E-Commerce Need to Know Webinar
Merger consent orders have returned to the FTC, with the agency’s latest decision highlighting how the current leadership is evaluating divestiture proposals. The FTC has approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that
Register now to join Stefan M. Meisner, Luke van Houwelingen, and Eric Fanchiang on June 4, 2025 from 12:00 pm EDT – 1:00 pm EDT as they discuss antitrust risks that can arise as companies grapple with whether and how to adjust their pricing to respond to tariffs being imposed around the world. The webinar is designed to give listeners an understanding of these potential risks, and best practices for companies to manage such risks and minimize scrutiny from antitrust regulators and potential litigants when developing their tariff responses.Continue Reading Register Now! Antitrust Risks in A Trade War Webinar
Two bills currently making their way through the California Legislature could, if passed, have far-reaching implications for how companies doing business in California price their goods and services. California Assembly Bill 325 (Aguiar-Curry) and Senate Bill 384 (Wahab), as drafted, seek broad prohibitions against the use, distribution of, and inputs into algorithmic pricing and supply software, even where there is no coordination among competitors on the use of such software or the setting of prices. Their enactment would reach every business that uses software applications to develop pricing, supply levels and other commercial terms in California. Crowell & Moring represents the California Chamber of Commerce (“CalChamber”) in monitoring, analyzing and responding to the proposed bills.Continue Reading California Considering Broad Bans on Pricing Software
The FTC’s past week focused on the future. From Director Levine’s comments about consumer protection in the digital era to the House passing H.R. 3843, the FTC is in a forward-looking posture. More on this, as well as a settlement secured by the FTC, after the jump.Continue Reading FTC Updates (September 26-30, 2022)
The FTC has been pounding the pavement this week, giving testimony, statements, and remarks to multiple types of audiences, including the U.S. Senate. More on these talks, as well as an update on a forthcoming event on protecting children from digital advertising, after the jump.Continue Reading FTC Updates (September 19-23, 2022)
The FTC had another light week as the Commission celebrated the anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy. The Associate Director of the FTC’s Division of Financial Practices testified before the House Committee on Oversight and Reform Subcommittee on National Security about the FTC’s efforts to address fraud against the military community. These stories and more after the jump.Continue Reading FTC Updates (July 11-15, 2022)
This week, the Commission announced that it blocked a hospital merger in Utah and New Jersey and ordered an oil and gas divestiture in Michigan. The FTC also issued a policy statement on exclusionary rebates and fees in prescription drug pricing and submitted a report to Congress on combatting online harms through innovation. Commissioner Noah Joshua Phillips issued a dissenting statement regarding the FTC’s report to Congress, and Commissioner Christine Wilson questioned whether the FTC’s Fuel Rating Rule under the Petroleum Marketing Practices Act is necessary. These stories and more after the jump. Continue Reading FTC Updates (June 13-17, 2022)
On May 25, 2022, following markup in the Judiciary Committee, Senator Amy Klobuchar introduced an amended version of the American Innovation and Choice Online Act (“AICOA”), an antitrust bill we previously reported on that aims to curtail self-preferential conduct by certain online platforms. The revised bill now carves out telecommunications providers and financial service companies from the bill’s prohibitions, and reduces potential penalties for violations. Additionally, the revision now creates an exception to the bill’s technical interoperability requirements “where such access would lead to significant cybersecurity risk.” Although critics complain the revisions do not go far enough to address the bill’s shortcomings, Senator Klobuchar and other bi-partisan supporters are pushing for a Senate floor vote this summer.Continue Reading Senate Revises Antitrust Bill Aimed at Curbing Self-Preferential Conduct by Online Platforms
This week, the FTC cracked down on day-trading investment advertising and Chair Khan discussed the agency’s enforcement priorities, including the proliferation of non-compete agreements. The Commission tentatively announced it will discuss expansive changes to the Telemarketing Sales Rule at its April 28 Open Commission Meeting. These stories and more after the jump.
Continue Reading FTC Updates (April 18-22, 2022)