Federal Trade Commission

The Federal Trade Commission made public the findings from its inquiry into past acquisitions by the largest technology platforms’ that did not require reporting to antitrust authorities at the FTC and the Department of Justice. The inquiry analyzed the terms, scope, structure, and purpose of these exempted transactions under the Hart-Scott-Rodino (HSR) Act and the FTC's reporting requirements by Alphabet, Amazon, Apple, Facebook, and Microsoft between January 1, 2010 and December 31, 2019. These companies comprise the top five US companies by market capitalization.

The Federal Trade Commission voted to approve and make public a series of resolutions that will enable agency staff to efficiently and expeditiously investigate conduct in core FTC priority areas over the next ten years. Streamlining and improving efficiency at the agency is vitally important given the increased volume of investigatory work created by the surge in merger filings. Having already doubled between 2010 and 2020, the number of mergers filed with the antitrust authorities this year hit a record-setting pace of 2,067 acquisitions for the first seven months alone.

Federal Trade Commission Chair Lina Khan announced that an open meeting of the FTC will be held virtually at 11 am EST on Wednesday, September 15, 2021. The following items will be on the tentative agenda:

• Privacy Breaches by Health Apps and Connected Devices: The FTC will vote on whether to issue a policy statement on the importance of protecting the public from privacy breaches by health apps and other connected devices.

The Federal Trade Commission filed an amended complaint against Facebook in the agency’s ongoing federal antitrust case. The complaint alleges that after repeated failed attempts to develop innovative mobile features for its network, Facebook instead resorted to an illegal buy-or-bury scheme to maintain its dominance. It unlawfully acquired innovative competitors with popular mobile features that succeeded where Facebook’s own offerings fell flat or fell apart.

The Federal Trade Commission has issued a complaint charging Broadcom with illegally monopolizing markets for semiconductor components used to deliver television and broadband internet services through exclusive dealing and related conduct.

The Federal Trade Commission passed a pair of pivotal measures expanding its power to regulate anti-competitive business practices, setting the stage for a more aggressive enforcement approach from the embattled agency. In the most aggressive effort, the commission voted to rescind a 2015 “Statement of Enforcement Principles” that restricted the FTC Act’s prescriptions on “unfair methods of competition” to explicit violations of existing antitrust law (specifically the Sherman and Clayton Acts). The vote proceeded along party lines, passing 3-2 with Democrats in the majority.