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10.16.26
What the FTC’s Health App Policy Withdrawal Actually Changes
The Federal Trade Commission (FTC) has rescinded its 2021 Statement of the Commission on Breaches by Health Apps and Other Connected Devices. In its September 9, 2026, rescission, the Commission offered several reasons for the withdrawal and described each as independently sufficient.
News Articles
9.21.26
Maureen Ohlhausen Discusses the Future of the FTC Following Supreme Court Decision
Wilson Sonsini partner and former acting chair of the Federal Trade Commission (FTC) Maureen Ohlhausen recently joined a discussion with five former FTC chairs about the Supreme Court’s June 29, 2026, decision in Trump v. Slaughter and its implications for the future of the agency.
White Papers/Briefs
9.03.26
Focused on Fairness: How the FTC’s Contact Lens Rule Delivers Choice, Competition, and Savings to Consumers
The fundamental job of the Federal Trade Commission (FTC or Commission) is to protect U.S. consumers and safeguard competition, which helps to lower prices, improve quality, foster innovation, and improve consumer access. In pursuing this mandate, the Commission has prioritized competition and consumer choice in healthcare, the largest sector of the economy and a top financial worry for Americans. In addition to policing mergers, challenging anticompetitive conduct, and stopping health scams, the FTC has a long history of advocacy and rulemaking to encourage a regulatory environment that fosters competition and innovation in healthcare.
Alerts
7.10.26
The FTC After Slaughter: What Businesses Need to Understand
On June 29, 2026, the U.S. Supreme Court issued its opinion in Trump v. Slaughter, where the six-Justice majority held that appointed agency officials who wield executive power are subject to presidential removal. In so holding, the Court overruled its 1935 decision in Humphrey’s Executor v. United States, 295 U.S. 602 (1935), which for nearly a century stood for the principle that Congress can create independent agencies whose leaders can only be removed for cause.
Alerts
6.26.26
FTC Conditions Aurobindo’s Acquisition of Lannett on Divestiture of Four Generic Drugs
On June 18, 2026, the Federal Trade Commission (FTC) announced that it would allow Aurobindo Pharma Limited’s approximately $250 million acquisition of Lannett Company, Inc. to proceed, subject to a proposed consent order requiring Aurobindo to divest four overlapping generic pharmaceutical products to Quagen Pharmaceuticals, LLC. The Commission voted 2-0 to issue an administrative complaint and accept the consent agreement for a 30-day public comment period.
Alerts
5.12.26
Consumer Protection Update: Insights into the First Year of the Trump-Vance FTC
In its first year under the Trump-Vance administration, the Federal Trade Commission (FTC) has aggressively enforced consumer protection and privacy laws and initiated new rulemakings. Although the new rulemaking activity is somewhat surprising in a Republican administration, the FTC has expressed its intent to conduct a more rigorous economic analysis of the effects of any new regulations. Based on the FTC’s activity over the past year, we have identified the issues below as top FTC priorities and provided takeaways for companies to help steer clear of regulatory scrutiny.
Alerts
4.06.26
FTC Announcement of Healthcare Task Force Coincides with Joint DOJ/FTC Appearance at ONC Annual Meeting
Two recent developments suggest that enforcers are poised to grapple with antitrust concerns in health tech, signaling an escalation of scrutiny into Information Blocking1 tactics that have persisted despite U.S. Department of Health and Human Services (HHS) rules and regulations designed to curtail such practices. Stakeholders and industry participants should be prepared for potential outreach.
Alerts
2.18.26
Federal Court Vacates FTC’s 2024 HSR Form Rule; Order Stayed Seven Days Pending Appeal
On February 12, 2026, Judge Jeremy D. Kernodle of the U.S. District Court for the Eastern District of Texas granted summary judgment to plaintiffs U.S. Chamber of Commerce and other business groups, and vacated the 2024 Federal Trade Commission (FTC) rulemaking that significantly revised the Hart-Scott-Rodino (HSR) reporting requirements. The court concluded that the FTC exceeded its statutory rulemaking authority when it implemented the HSR reporting change, and such a change was arbitrary and capricious under the Administrative Procedure Act (APA). The court stayed its order for seven days to allow the FTC to seek an emergency appeal to the U.S. Court of Appeals for the Fifth Circuit. If the Fifth Circuit does not grant emergency relief before February 19, 2026, the current HSR rules will be vacated, and HSR reportable transactions will be filed under the HSR rules that were in effect prior to February 10, 2025, when the new HSR reporting rules went into effect.
Alerts
2.10.26
“Landmark” Settlement in PBM Case Poised to Broadly Reshape Prescription Drug Market
On February 4, 2026, the Federal Trade Commission (FTC) announced a settlement and consent order in a long-running administrative action against pharmacy benefit managers (PBMs) Express Scripts, OptumRx, and Caremark Rx. The FTC alleged that these three PBMs, which have a collective U.S. market share of approximately 80 percent, deployed anticompetitive and unfair rebating practices that artificially inflated the list price of insulin drugs by systematically preferring higher-priced drugs at the exclusion of lower cost products. The settlement resolves the claims as to Express Scripts and its family of companies.
Alerts
1.16.26
FTC Announces 2026 HSR Thresholds
On January 14, 2026, the Federal Trade Commission (FTC) released the revised Hart-Scott-Rodino (HSR) Act jurisdictional thresholds for 2026. The FTC is required by law to revise the HSR Act monetary jurisdictional thresholds each year based on changes in the gross national product. The revised thresholds will become effective 30 days after notice is published in the Federal Register and will apply to transactions closing on or after the effective date. The 2025 thresholds will remain applicable for transactions that close before the effective date.
Alerts
1.09.26
2026 Year in Preview: Regulatory Consumer Protection Trends for Companies to Watch Out For
As we ring in the new year, we want to make you aware of key issues affecting consumers that we expect lawmakers and regulators to focus on over the next 12 months. Below are the top transatlantic consumer protection issues to watch out for in 2026:
Alerts
11.07.25
What’s Happening at the FTC During the Government Shutdown?
The federal government has been shut down for over a month. We previously reported on implications for the Federal Trade Commission’s (FTC) antitrust work here. What does the shutdown mean for the FTC’s consumer protection, privacy, safety, and AI work?