SEC v Karkesy aff'd the 5th Cir. 6-3 on 7th amendment grounds. FTC goes to court for penalties so no big deal for it, right? But 5th Cir's other grounds -- non-delegation and use of ALJs -- remain good 5th Cir law, so any FTC respondent will appeal to 5th Cir and win, yes? Ouch!

To make the obvious point, the 6-3 Loper Bright opinion overruling Chevron without many nice words about deferring to agency rulemaking can't be good for the Biden FTC in general or its noncompete rulemaking in particular.

Didn't take long for a court to cite Loper Bright against FTC. 5th Cir. likely to affirm. Can Biden FTC really expect conservative Justices to save competition rulemaking? BREAKING: Texas Court Puts FTC's Noncompete Ban On Hold law360.com/competition/ar…

So outrageous that Walmart posted one price on the shelf, charged a higher price at checkout, and said consumers should be checking for this deceit and thus are not harmed. Really infuriating. 'Who Does That?' 7th Circ. Pans Walmart's Price Audit Theory law360.com/mergersacquisi…

So helpful to have a bi-partisan FTC. All 5 commissioners favor learning about pricing based on individualized info, but Ds call it "surveillance pricing" while R's say that that is pejorative and prejudging (calling it "personalized pricing" instead). x.com/intent/tweet?u…

Important standing case should be an easy reversal on appeal. Good for Antitrust Division to weigh in. DOJ Says NY Judge Muffed Standing In DirecTV Price-Fix Case law360.com/competition/ar…

Formerly routine: FTC testifying annually AS A COMMISSION asking for appropriations (oral comments as indivs). Then we started seeing an occasional separate statement. Here's I think a first: 5 indiv statements, NONE by the agency. Commission Testifies ftc.gov/news-events/ne…

Count me among those supporting 18-year terms. We need to end the race to ever-younger nominees and the unseemly political timing of retirements (RBG excluded). bloomberglaw.com/product/blaw/b…

Total non-surprise--Judge Brown had already entered a PI against the rule. 5th Cir. likely to affirm. Can FTC create a circuit split and then win before a conservative S Ct? Texas Judge Blocks FTC's Impending Ban On Noncompetes law360.com/compliance/art…

Interesting that Melissa Holyoak and Comm'r Ferguson voted to issue FTC staff report but concurred and dissented at length from the report itself. Unusual to dissent from a report you didn't write. Tech Giants Falling Far Short On Data Privacy, FTC Says law360.com/technology/art…

Inbox: FTC is withdrawing from the multilateral MOU between labor and antitrust agencies. No explanation given in the press release. ftc.gov/news-events/ne…

MOU was among FTC, NLRB, U.S. Department of Labor & Antitrust Division. Did FTC get cold feet but not Antitrust Division? Why the difference? Independent agency? "Deep state" concerns? Statement on Memorandum of Understanding Related to Antitrust Review of Labor Issues in Merger ftc.gov/news-events/ne…

Important FTC wins at Supreme Court today: cert denied to Shkreli (lifetime ban OK) and Elite IT Partners (no 2d bite at settlement where law changed). No surprise but a relief for agency. Dkts. 23-1338 & 23-1206.

Honored to speak at the 10th anniversary celebration of CCPC

Ireland rejoices at the success of a good Irish woman. Irish woman named to key role in Trump administration irishtimes.com/business/2024/…

Any volunteers to staff a price discrimination case issued 3-2 with (now chairman) Ferguson calling it a "brazen assertion of political power" and Comm'r Holyoke labeling it "the worst case I have seen"? FTC Sues PepsiCo for Rigging Soft Drink Competition ftc.gov/news-events/ne…

Pretty nasty to some talented law students, but a clever strategy for discouraging public service and doing serious harm to the Justice Department. DOJ revokes job offers to young lawyers in elite honors program abajournal.com/syndicated/art… via ABA Journal

Anyone know why, in Comm'r Slaughter's statement, the time of Andrew Ferguson's motion and the amount of time she had to consider it are blacked out? Why secret? FTC Grants Chairman Ferguson Authority to Comply with President Trump’s Orders to End DEI ftc.gov/news-events/ne…