Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: FTC Enforcement

The House Targets Price Gouging, Again

Even though states are leading the way on price gouging enforcement, recent action in Congress may lead to overlapping federal government enforcement.  Recent Congressional letters, statements, and proposed bills show a strong appetite for action on price gouging.  House Democrats tried but failed to add price gouging language to the coronavirus relief package in March.  … Continue Reading

Of “Lunch Stands and Merry-Go-Rounds”: Ninth Circuit Rejects FTC Authority Over Broadband Providers

In late August 2016, a Ninth Circuit panel unanimously held that the FTC has no power to challenge “throttling” of unlimited data plan customers by mobile broadband providers as an “unfair or deceptive act.” The panel found that a core source of FTC authority (Section 5 of the FTC Act) does not apply to any “common … Continue Reading
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