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The Changing FTC: Shifts in Regulation, Big Tech, and Enforcement Trends

2025-06-25 13:00:00

2025-06-25 13:00:00

1 Credits

Examines FTC enforcement shifts under Chair Ferguson, covering merger review, labor markets, big tech regulation, and Robinson-Patman Act revival.

2025-06-25 13:00:00

Examines FTC enforcement shifts under Chair Ferguson, covering merger review, labor markets, big tech regulation, and Robinson-Patman Act revival.

2025-06-25 13:00:00

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Trusted by Legal Professionals

Course Overview

FTC Enforcement Priorities Under New Leadership

Practitioners will gain insights into shifting FTC enforcement strategies under Chairman Andrew Ferguson, including merger review approaches, labor market focus, and rulemaking limitations. Apply these insights to advise clients navigating current antitrust landscapes.

Merger Guidelines

Analyze continuing 2023 merger review frameworks.

Labor Markets

Understand expanded FTC labor competition scrutiny.

Rulemaking Limits

Evaluate constraints on FTC administrative authority.

Big Tech

Assess ongoing enforcement against technology platforms.

Course Overview

FTC Enforcement Priorities Under New Leadership

Practitioners will gain insights into shifting FTC enforcement strategies under Chairman Andrew Ferguson, including merger review approaches, labor market focus, and rulemaking limitations. Apply these insights to advise clients navigating current antitrust landscapes.

Merger Guidelines

Analyze continuing 2023 merger review frameworks.

Labor Markets

Understand expanded FTC labor competition scrutiny.

Rulemaking Limits

Evaluate constraints on FTC administrative authority.

Big Tech

Assess ongoing enforcement against technology platforms.

Why Attend

Why this 
program matters

Understanding FTC enforcement trends under Chair Ferguson is essential for advising clients on merger strategy, labor market compliance, and navigating evolving antitrust regulatory frameworks.
86%
Of FTC Commissioner votes on significant merger investigations from 2011-2024 ended unanimously, demonstrating bipartisan consensus on enforcement.
30M
American workers—approximately one in five—are subject to noncompete agreements affecting their job mobility and wages.
2,031
Transactions were reported under the Hart-Scott-Rodino Act in fiscal year 2024 for premerger antitrust review.
32
Merger enforcement actions were taken by the FTC and DOJ combined in fiscal year 2024 across healthcare, technology, and other key sectors.

Agenda

Session 1

Shifting FTC Priorities Under Chairman Andrew Ferguson

Session 2

Big Tech Regulation and Online Censorship Focus

Session 3

AI Regulation Rollback and Startup Implications

Session 4

Labor Market Scrutiny and Noncompete Agreement Developments

Session 5

Merger Review and Vertical Relationship Enforcement Trends

Session 6

FTC Rulemaking Authority and Administrative Limitations

Session 7

Future FTC Enforcement Trends Under Trump Administration

clock 1:00 pm - 1:05 pm EST

Shifting FTC Priorities Under Chairman Andrew Ferguson

David A. Munkittrick

Proskauer

KaDee Ru

This session examines the transition from Chair Lina Khan to Chair Ferguson, highlighting Ferguson’s ‘cop on the beat’ enforcement philosophy versus Khan’s ambitious rulemaking approach. We’ll explore how the current three-member commission balances vigorous antitrust enforcement with restraint on policymaking.

David A. Munkittrick

Proskauer

KaDee Ru

clock 1:05 pm - 1:10 pm EST

Big Tech Regulation and Online Censorship Focus

David A. Munkittrick

Proskauer

KaDee Ru

The focus on big tech continues but with shifting emphasis toward content moderation and platform control over speech. This session covers ongoing cases against Meta and Amazon while examining how Ferguson frames censorship concerns through competition and consumer protection lenses.

David A. Munkittrick

Proskauer

KaDee Ru

clock 1:10 pm - 1:20 pm EST

AI Regulation Rollback and Startup Implications

David A. Munkittrick

Proskauer

KaDee Ru

This session explores the implications of regulatory changes for both dominant technology companies and emerging AI startups. We’ll discuss how the current administration’s approach to AI oversight differs from previous enforcement priorities.

David A. Munkittrick

Proskauer

KaDee Ru

clock 1:20 pm - 1:30 pm EST

Labor Market Scrutiny and Noncompete Agreement Developments

David A. Munkittrick

Proskauer

KaDee Ru

Despite regulatory shifts, Chair Ferguson has created a Joint Labor Task Force to address unfair competition across labor markets. This session covers the fate of the noncompete rule after Ryan LLC v. FTC and continued scrutiny of wage fixing, no-poach agreements, and labor market monopsony issues.

David A. Munkittrick

Proskauer

KaDee Ru

clock 1:30 pm - 1:40 pm EST

Merger Review and Vertical Relationship Enforcement Trends

David A. Munkittrick

Proskauer

KaDee Ru

The FTC no longer presumes vertical mergers are harmless or efficient, requiring evidence that benefits outweigh risks. This session examines the Tempur Sealy case, Commissioner Meador’s four-part efficiency test, and the survival of the 2023 merger guidelines under Ferguson’s leadership.

David A. Munkittrick

Proskauer

KaDee Ru

clock 1:40 pm - 1:50 pm EST

FTC Rulemaking Authority and Administrative Limitations

David A. Munkittrick

Proskauer

KaDee Ru

Chair Ferguson takes a fundamentally different view from Khan on rulemaking, believing policymaking should remain with Congress. This session analyzes the stayed noncompete rule appeal, the Ryan LLC decision, and implications for limiting administrative agency authority.

David A. Munkittrick

Proskauer

KaDee Ru

clock 1:50 pm - 2:00 pm EST

Future FTC Enforcement Trends Under Trump Administration

David A. Munkittrick

Proskauer

KaDee Ru

This concluding session identifies areas of continued regulatory focus including big tech litigation, labor markets, and selective Robinson-Patman Act enforcement. Key takeaways include vigorous enforcement paired with restrained rulemaking and sustained concern about concentrated private power from commissioners across the political spectrum.

David A. Munkittrick

Proskauer

KaDee Ru

01 07
Prev
Next

Key topics that will be covered

What will you learn

Attorneys will learn how Chair Andrew Ferguson's enforcement priorities differ from Lina Khan's approach, including his emphasis on case selection for cases likely to succeed.

What will you gain

Attorneys will gain practical insight into the FTC's current merger guidelines, labor market task force, Robinson-Patman Act enforcement, and big tech litigation strategies.

Merger Guidelines
The 2023 merger guidelines and new HSR requirements remain in effect under Ferguson.
Labor Markets
Ferguson created a Joint Labor Task Force prioritizing unfair competition across labor markets.
Vertical Mergers
The FTC no longer presumes vertical mergers are harmless or efficient.
Big Tech
Ongoing cases against Meta and Amazon continue despite the change in administration.
Robinson-Patman
Selective enforcement continues; the Pepsi case was dismissed while Southern Glazers proceeds.
Rulemaking Authority
Ferguson opposes broad rulemaking, believing policymaking should remain with Congress.

What will you learn

Attorneys will learn how Chair Andrew Ferguson's enforcement priorities differ from Lina Khan's approach, including his emphasis on case selection for cases likely to succeed.

What will you gain

Attorneys will gain practical insight into the FTC's current merger guidelines, labor market task force, Robinson-Patman Act enforcement, and big tech litigation strategies.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
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based on firm size
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Number of Available Webinars 1 1,000+ 1,000+
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Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
Attend "Live" Re-Broadcasts Included Included Included
Exclusive Partner Webinars & Events Included Included
Special credits (Ethics, Elimination
of Bias, etc.)
Included Included
Instant Certificates After Completion Included Included
Personalized CLE Platform Included Included
Live Conferences Included
Bootcamps Included
Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

David A. Munkittrick

Proskauer

KaDee Ru

David A. Munkittrick

Proskauer

David Munkittrick is a litigator and trial attorney whose practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal.

Recognition & Leadership

Repeatedly recognized as Empire State Counsel by the New York State Bar Association for his pro bono service. Recipient of Proskauer's Golden Gavel Award for excellence in pro bono work. Made his Carnegie Hall debut at Weill Recital Hall with a piano trio and accompanying a Schubert lieder.

Professional Involvement

Maintains an active pro bono practice, supporting clients in the arts and in immigration proceedings.

Experience

Has been involved in significant antitrust matters, obtaining favorable results for Fortune 500 companies in bench and jury trials involving price discrimination and group boycott claims. Practice includes class actions, competitor suits, and merger review across industries including entertainment, automotive, pharmaceutical, healthcare, agriculture, hospitality, financial services, and sports. Has represented major entertainment clients including Sony Music Entertainment, Lady Gaga, U2, Madonna, Daft Punk, RCA Records, BMG Music Publishing, Live Nation, the National Academy of Recording Arts and Sciences, Universal Music Group and Warner/Chappell.

David A. Munkittrick

Proskauer

David Munkittrick is a litigator and trial attorney whose practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal.

Recognition & Leadership

Repeatedly recognized as Empire State Counsel by the New York State Bar Association for his pro bono service. Recipient of Proskauer's Golden Gavel Award for excellence in pro bono work. Made his Carnegie Hall debut at Weill Recital Hall with a piano trio and accompanying a Schubert lieder.

Professional Involvement

Maintains an active pro bono practice, supporting clients in the arts and in immigration proceedings.

Experience

Has been involved in significant antitrust matters, obtaining favorable results for Fortune 500 companies in bench and jury trials involving price discrimination and group boycott claims. Practice includes class actions, competitor suits, and merger review across industries including entertainment, automotive, pharmaceutical, healthcare, agriculture, hospitality, financial services, and sports. Has represented major entertainment clients including Sony Music Entertainment, Lady Gaga, U2, Madonna, Daft Punk, RCA Records, BMG Music Publishing, Live Nation, the National Academy of Recording Arts and Sciences, Universal Music Group and Warner/Chappell.

KaDee Ru

KaDee Ru is an associate in the Litigation Department. Her practice encompasses a variety of complex litigation matters, including antitrust, intellectual property and contract disputes across a wide range of industries, including technology, healthcare, agriculture and pharmaceuticals.

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