Federal Trade Commission

XCL Resources Seeks FTC’s Prior Approval for Altamont Energy Acquisition

Retrieved on: 
Tuesday, April 2, 2024

The Federal Trade Commission is requesting public comment on an application from XCL Resources Holdings, LLC, a subsidiary of private equity firm EnCap Investment L.P., seeking prior approval from the agency to complete its proposed acquisition of Altamont Energy, LLC, an oil and gas operator in the Uinta Basin region of Utah.

Key Points: 
  • The Federal Trade Commission is requesting public comment on an application from XCL Resources Holdings, LLC, a subsidiary of private equity firm EnCap Investment L.P., seeking prior approval from the agency to complete its proposed acquisition of Altamont Energy, LLC, an oil and gas operator in the Uinta Basin region of Utah.
  • XCL’s petition to the FTC stems from the Commission’s 2022 final order regarding EnCap Energy Capital Fund XI, L.P.’s $1.445 billion acquisition of EP Energy Corp.
  • XCL is a private equity-owned oil and gas company based in Houston, Texas.
  • For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.

FTC Announces Appointment of Jay L. Himes as New Administrative Law Judge

Retrieved on: 
Tuesday, April 2, 2024

The Federal Trade Commission announced the appointment of Jay L. Himes to serve as one of the agency’s Administrative Law Judges, who are responsible for independent adjudicative fact-finding in the agency’s administrative litigation and rulemaking proceedings.

Key Points: 
  • The Federal Trade Commission announced the appointment of Jay L. Himes to serve as one of the agency’s Administrative Law Judges, who are responsible for independent adjudicative fact-finding in the agency’s administrative litigation and rulemaking proceedings.
  • The Commission voted 3-0 in December 2023 to approve the appointment of Himes as an Administrative Law Judge.
  • Himes joins Administrative Law Judge D. Michael Chappell.
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Statement Regarding the Termination of Choice Hotel’s Proposed Takeover of Wyndham Hotels & Resorts

Retrieved on: 
Tuesday, April 2, 2024

The Federal Trade Commission has learned that Choice Hotels International has abandoned its proposed acquisition of Wyndham Hotels & Resorts and withdrawn its nominations to replace Wyndham’s Board of Directors.

Key Points: 
  • The Federal Trade Commission has learned that Choice Hotels International has abandoned its proposed acquisition of Wyndham Hotels & Resorts and withdrawn its nominations to replace Wyndham’s Board of Directors.
  • In response, FTC Bureau of Competition Director Henry Liu issued the following statement:
    “I am pleased that Choice Hotels International has abandoned its efforts to seize control of its rival Wyndham Hotels & Resorts.
  • The FTC was closely scrutinizing Choice’s tender offer as well as its efforts to replace the Wyndham Board of Directors with its own hand-picked slate of nominees.
  • Each of these actions posed serious competition questions and their abandonment is a win for consumers.

FTC Issues Infant Formula Supply Disruptions Report

Retrieved on: 
Tuesday, April 2, 2024

Today, the Federal Trade Commission issued a report on market factors relevant to infant formula supply disruptions, which details aspects of the U.S. infant formula market that rendered it vulnerable to supply disruptions in 2022.

Key Points: 
  • Today, the Federal Trade Commission issued a report on market factors relevant to infant formula supply disruptions, which details aspects of the U.S. infant formula market that rendered it vulnerable to supply disruptions in 2022.
  • The report also outlines considerations for policymakers to help create a more resilient infant formula supply going forward.
  • The Commission’s report follows a Request for Information launched in 2022 which solicited comments from members of the public, industry, trade groups, and academics on a variety of issues related to the disruptions and the infant formula market more broadly.
  • These comments informed the FTC’s analysis as the Commission considered whether certain features of the infant formula market contributed to the industry-wide disruptions in 2022, and how competition-based reforms may promote greater resiliency.

FTC and DOJ File Comment with the U.S. Copyright Office Supporting Renewal and Expansion of Exemptions Facilitating Consumers’ and Businesses’ Right to Repair Their Own Products

Retrieved on: 
Tuesday, April 2, 2024

Copyright Office to advocate for regulations that would facilitate consumers’ and businesses’ right to repair their own products.

Key Points: 
  • Copyright Office to advocate for regulations that would facilitate consumers’ and businesses’ right to repair their own products.
  • Promoting competition in repair markets benefits consumers and businesses by making it easier and cheaper to fix things they own.
  • Expanding repair exemptions can also remove barriers that limit the ability of independent service providers—including small businesses and entrepreneurs—to provide repair services.
  • In their joint comment, the FTC and DOJ expressed support for renewing, expanding, and adding some specific DMCA exemptions.

FTC Announces Tentative Agenda for March 21 Open Commission Meeting

Retrieved on: 
Tuesday, April 2, 2024

Today, Federal Trade Commission Chair Lina M. Khan announced that an open meeting of the Commission will be held virtually on Thursday, March 21, 2024.

Key Points: 
  • Today, Federal Trade Commission Chair Lina M. Khan announced that an open meeting of the Commission will be held virtually on Thursday, March 21, 2024.
  • The open meeting will commence at 11am ET and will begin with time for members of the public to address the Commission.
  • Members of the public must sign up for an opportunity to address the Commission virtually at the March 21 event.
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FTC and Justice Department to Host Third Annual Spring Enforcers Summit on April 8

Retrieved on: 
Tuesday, April 2, 2024

The Federal Trade Commission and the Justice Department’s Antitrust Division will cohost the third annual Spring Enforcers Summit on Monday, April 8, 2024.

Key Points: 
  • The Federal Trade Commission and the Justice Department’s Antitrust Division will cohost the third annual Spring Enforcers Summit on Monday, April 8, 2024.
  • The agencies will meet in the afternoon for closed-door in-person discussions between international enforcers and state attorneys general on common issues.
  • The Enforcers Summit agenda will be posted to the FTC’s website prior to the event.
  • For the latest news and resources, follow the FTC on social media, subscribe to press releases and subscribe to the FTC International Monthly.

FTC Releases Report on Grocery Supply Chain Disruptions

Retrieved on: 
Tuesday, April 2, 2024

The Federal Trade Commission today issued a report on the causes behind grocery supply chain disruptions resulting from the COVID-19 pandemic.

Key Points: 
  • The Federal Trade Commission today issued a report on the causes behind grocery supply chain disruptions resulting from the COVID-19 pandemic.
  • The report revealed that large market participants accelerated and distorted the negative effects associated with supply chain disruptions.
  • The FTC’s report also examined how supply chain disruptions affected competition among retailers, wholesalers, and producers, as well as the impacts on consumers and businesses.
  • “The FTC’s report examining U.S. grocery supply chains finds that dominant firms used this moment to come out ahead at the expense of their competitors and the communities they serve.” As the report explains, supply chain disruptions did not equally impact every retailer, wholesaler, or producer.

Competitive Impacts of Supply Chain Disruptions


The report highlights several key insights regarding market structure and business conduct among grocery retailers, wholesalers, and producers, as well as their effects on consumers. These insights include:
The Commission voted 3-0 to issue the staff report. Commissioner Rebecca Kelly Slaughter issued a statement.

FTC Files Amicus Brief in Asthma Inhaler Patent Dispute

Retrieved on: 
Tuesday, April 2, 2024

Improper Orange Book listings can harm competition by delaying the entry of cheaper generic products, according to the FTC’s brief.

Key Points: 
  • Improper Orange Book listings can harm competition by delaying the entry of cheaper generic products, according to the FTC’s brief.
  • The FTC’s amicus brief relates to a case brought by Teva against drugmaker Amneal after Amneal sought FDA approval to bring a generic version of asthma inhaler ProAir HFA to market.
  • Teva sued Amneal for patent infringement, arguing that Amneal’s patents infringe on Teva’s ProAir HFA patents.
  • The FTC’s amicus brief was filed in the U.S. District Court for the District of New Jersey.

Statement Regarding the Termination of Qualcomm’s Proposed Acquisition of Autotalks

Retrieved on: 
Tuesday, April 2, 2024

Federal Trade Commission Bureau of Competition Director Henry Liu issued the following statement in response to Qualcomm Inc.’s decision to abandon its proposed acquisition of Autotalks Ltd.:

Key Points: 
  • Federal Trade Commission Bureau of Competition Director Henry Liu issued the following statement in response to Qualcomm Inc.’s decision to abandon its proposed acquisition of Autotalks Ltd.:
    “The termination of this proposed transaction will preserve vigorous innovation and price competition in the market for vehicle-to-everything (V2X) chipsets and related products used in automotive safety systems.
  • This is a win for car buyers seeking quality, affordable cars with V2X communication capabilities that promise to make driving easier and safer.
  • Based on its probe into this proposed merger, FTC staff was concerned that the deal might harm competition in markets for V2X chipsets and related products.
  • For the latest news and resources, follow the FTC on social media, subscribe to press releases and read our blog.