Judge Strikes Down Biden Admin Rule Affecting Millions of Workers

Judge Ada Brown in front of the Federal Trade Commission (composite image)

A federal judge struck down a Biden administration rule on Tuesday that banned employers from using noncompete agreements, which would have affected the contracts of millions of Americans.

U.S. District Court Judge Ada Brown for the Northern District of Texas ruled that the Federal Trade Commission’s (FTC) banning the entire category of noncompetes, rather than targeting “specific, harmful” sub-categories of the agreements, went beyond the commission’s mandate to police unfair methods of competition. The ban on the contracts that limit workers’ ability to move to rival firms, which was announced in April, was supposed to go into effect on September 4 and would have affected roughly 30 million American workers, according to the initial FTC press release.

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Kamala Harris to Roll Out First Major Economic Policy: ‘Price Controls’ for Food and Groceries

Family at grocery store

Vice President Kamala Harris is poised to roll out a proposal to impose a federal ban on supposed corporate “price-gouging” on food and groceries, according to The Hill.

Harris will announce the plan during a Friday speech detailing her economic agenda in North Carolina, where she will blame corporate consolidation and greed for the increased prices Americans are paying for their food and groceries, according to The Hill. The proposal to attribute inflation to corporate greed echoes a common refrain from the Biden administration, which has consistently tried to pin responsibility for inflation on price gouging instead of its massive spending agenda.

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Business Group Plans to Sue After FTC Bans Noncompete Contracts

Contract Talks

The Federal Trade Commission issued a final rule Tuesday to ban noncompete contracts that prevent employees from joining rival companies in a move that immediately drew a legal challenge.

U.S. Chamber of Commerce President and CEO Suzanne Clark said the measure was illegal and would hurt businesses and workers.

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Biden Regulator Passes Rule with Massive Implications for Millions of Workers

FTC Chair Lina Khan

The Federal Trade Commission (FTC) issued a final rule Tuesday banning noncompete agreements nationwide, affecting millions of Americans.

Regulators argue that banning noncompetes will promote competition by giving workers greater ability to switch jobs, increasing innovation and leading to more businesses being created, according to an announcement from the FTC. The FTC estimates that around 18 percent of U.S. workers, or 30 million people, are covered under a noncompete, with the new rule applying to anyone not in a senior executive role, which is defined as someone who is making more than $151,164 and in a policy-making position.

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Feds Refuse to Drop $37 Million Fine, Lawsuit Against GCU Despite Audit Finding No Fault with Christian School

Grand Canyon University campus

A state auditor’s office recently completed a review that found no proof there is any wrongdoing on the part of Grand Canyon University, but two federal agencies are continuing with their campaigns against the Christian university despite the findings.

The Arizona State Approving Agency, an arm of the state’s Department of Veteran Services, issued a determination Feb. 20 that risks identified by “court actions by the government” could not be substantiated, which means the private nonprofit’s students can still use GI bill funding to pay tuition.

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Biden Admin Targets Largest Christian University in U.S.

Grand Canyon University campus

The Biden administration’s Federal Trade Commission (FTC) is taking aim at the largest Christian university in the U.S. in a new lawsuit.

Grand Canyon University (GCU) is the largest Christian university in the U.S. with over 100,000 students enrolled and over 85,000 online students as of fall 2022, according to their website. The FTC alleges that GCU engaged in deceptive business practices with its doctoral programs and that it also engaged in illegal telemarketing practices, according to the federal complaint filed in the District of Arizona.

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Commentary: The Need for Federal Legislation Requiring Age Verification for Porn Websites

Teenager Laptop

Nearly 80% of children between the ages of 12 and 17 have unintentionally come across pornography, and over 50% of them actively seek it out. Even among younger children—those between 9 and 11—37% have seen porn.

Frequent exposure to pornography at a young age cultivates unhealthy views of sexuality and an inclination toward violent behavior. Children may develop a poor understanding of what constitutes a healthy relationship, what behavior is appropriate or inappropriate, how to establish and maintain boundaries, and the importance of respecting other people’s boundaries.

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U.S. Regulators Sue Amazon for Allegedly Inflating Prices Through Monopoly

The Federal Trade Commission and 17 state attorneys general sued Amazon on Tuesday for allegedly using its power as a monopoly to illegally block competition and inflate prices.

“The complaint alleges that Amazon violates the law not because it is big, but because it engages in a course of exclusionary conduct that prevents current competitors from growing and new competitors from emerging,” the FTC said in an announcement about the complaint against Amazon. 

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House Judiciary Committee Questions Zuckerberg on Potential Censorship on Threads

The House Judiciary Committee on Monday sent a letter to Meta CEO Mark Zuckerburg asking questions about possible censorship occurring on Threads, Meta’s latest social media platform.

“Given that Meta has censored First Amendment-protected speech as a result of government agencies’ requests and demands in the past, the Committee is concerned about potential First Amendment violations that have occurred or will occur on the Threads platform,” Committee chairman Jim Jordan, an Ohio Republican, wrote in the letter.

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Federal Trade Commission Sues Amazon for ‘Deceptive’ Tactics

The Federal Trade Commission sued Amazon on Wednesday alleging the online retailer used “manipulative, coercive, or deceptive” practices to get customers to enroll in Prime subscriptions.

The Federal Trade Commission’s partially-redacted complaint alleges the company tricked millions of people into enrolling in Amazon Prime. Amazon Prime, a $139 annual subscription service that has fueled the company’s growth and made it part of many Americans daily routines.

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Federal Trade Commission Sues Microsoft to Block Activision Blizzard Deal

The Federal Trade Commission filed suit Thursday against Microsoft Corp. to block it from acquiring Activision Blizzard Inc., publisher of the “Call of Duty” games.

The FTC alleges the largest acquisition in the video gaming industry would allow Microsoft to suppress competitors to its Xbox gaming consoles and its subscription content and cloud-gaming business.

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Ohio U.S. Rep. Jim Jordan Demands Biden Admin Show Compliance with Landmark Energy Decision

Republican Ranking House Judiciary Committee Member Jim Jordan told Biden administration authorities Tuesday to show how their agencies are obeying the Supreme Court’s June West Virginia v. EPA decision limiting the EPA’s power to unilaterally regulate emissions.

The court ruled in West Virginia v. EPA that the Environmental Protection Agency (EPA) could not set carbon dioxide emissions caps for power plants to force a national transition away from coal power without explicit congressional authorization. Jordan sent letters to Attorney General Merrick Garland, Under Secretary of Commerce for Intellectual Property Kathi Vidal, Department of Homeland Security (DHS) Secretary Alejandro Mayorkas and Federal Trade Commission (FTC) Chair Lina Khan asking whether their agencies are complying with the decision.

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Iowa Joins Coalition of States Including Minnesota, Wisconsin, to Sue China-Owned Subsidiary Syngenta and Indiana-Based Corteva

The State of Iowa is suing pesticide manufacturers Syngenta and Corteva.

Ten states and the Federal Trade Commission filed a complaint Thursday in the U.S. District Court in the Middle District of North Carolina.

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Iowa Joins Coalition of States Including Minnesota, Wisconsin, to Sue China-Owned Subsidiary Syngenta and Indiana-Based Corteva

The State of Iowa is suing pesticide manufacturers Syngenta and Corteva.

Ten states and the Federal Trade Commission filed a complaint Thursday in the U.S. District Court in the Middle District of North Carolina.

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Senate Confirms Biden’s ‘Radical’ FTC Pick Criticized for Anti-ICE Stance

The Senate voted Wednesday to confirm President Joe Biden’s nominee Alvaro Bedoya to the empty fifth seat on the Federal Trade Commission (FTC).

The 50-50 Senate vote was broken with a tie breaking vote by Vice President Kamala Harris, and gives Democrats a 3-2 advantage at the FTC. Bedoya, who is professor at Georgetown Law, was previously criticized by Senate Republicans for his past comments on social media and in other outlets opposing Immigration and Customs Enforcement (ICE) after President Joe Biden announced his nomination.

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Amazon and Facebook Spent More Money Than Ever Lobbying in 2021

Amazon and Facebook parent company Meta spent more money in 2021 lobbying lawmakers and officials than any year before, according to lobbying disclosure filings.

Amazon spent $20.3 million on lobbying while Meta spent $20.1 million in 2021, according to a review of lobbying disclosure filings by MarketWatch. The figures are record totals for both tech companies, who spent $18.9 million and $19.7 million on lobbying in 2020, respectively.

Google’s lobbying spend for 2021 clocked in at $11.5 million, while Microsoft spent $10.3 million and Apple spent $6.5 million, according to MarketWatch’s review.

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Biden Asks Asian Countries to Release Oil Reserves as Administration Scrambles to Combat High Gas Prices: Report

Joe Biden

The Biden administration asked China, Japan, South Korea and India to tap into their emergency oil reserves as the president continues to grapple with rising gasoline prices, Reuters reported.

The effort to simultaneously release oil reserves represents a rebuke of the Organization of the Petroleum Exporting Countries (OPEC), the cartel that controls oil production throughout the Middle East, several anonymous sources familiar with the request told Reuters on Wednesday. OPEC has repeatedly rejected requests from President Joe Biden and other top administration officials to increase oil production amid rising gasoline prices.

The four Asian nations the president appealed to represent some of the largest energy consumers and greenhouse gas emitters, according to a University of Oxford database.

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White House Says Higher Gas Prices Show Need for Green Transition

White House press secretary Jen Psaki argued that higher gasoline prices, which critics blame the Biden administration for, highlight the need for a rapid transition to clean energy.

“Our view is that the rise in gas prices over the long term makes an even stronger case for doubling down our investment and our focus on clean energy options so we are not relying on the fluctuations and OPEC and their willingness to put more supply and meet the demand in the market,” Psaki told reporters during Friday’s press briefing.

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Democrats’ Spending Bill Creates a ‘Privacy Bureau’ with a $500 Million ‘War Chest’

A provision in the most recent version of the Democrats’ spending proposal allocates $500 million for a privacy bureau within the Federal Trade Commission, with little guidance on how the money is to be spent.

The bill, known as the Build Back Better Act, appropriates $500 million for fiscal year 2022 to the Federal Trade Commission (FTC) to “create and operate a bureau” tasked with protecting data privacy.

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Facebook Is Under Government Investigation over Leaked Documents

Facebook is being investigated over leaked company documents and allegations by a former employee, according to financial filings.

The company’s 10-Q form filed with the Securities and Exchange Commission (SEC) on Tuesday mentions that Facebook is “subject to government investigations and requests” seemingly related to documents leaked by former Facebook employee Frances Haugen that detail tech giant’s business practices and internal research.

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FTC Memo Details Plans to Combat ‘Root Causes’ of Big Tech Dominance

An internal memo published by the Federal Trade Commission (FTC) Thursday detailed Chairwoman Lina Khan’s vision for antitrust enforcement, including plans to target several of Big Tech’s business practices.

The memo, sent to FTC commissioners and staff, titled “Vision and Priorities for the FTC,” outlined several key antitrust enforcement areas Khan sought to prioritize, including addressing “root causes” of monopolies, considering the harm of anticompetitive conduct on workers and other businesses, and focusing on “next-generation technologies.” Although Khan did not identify any of the major tech companies by name, she highlighted several allegedly anti-competitive business practices that have been the subject of tech antitrust litigation.

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Law Professor Accuses University of Violating Federal Trade Commission Rules with Mask Mandate

A business law professor who has been put on paid leave for refusing to wear a mask in class is defending his actions with an unexpected authority: the Federal Trade Commission (FTC).

“[B]y requiring employees to wear a mask, you are promoting the idea that the mask can prevent or treat a disease, which is an illegal deceptive practice,” David Clements, who teaches consumer law at New Mexico State University (NMSU), told provost Carol Parker in a Sept. 13 letter.

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Arizona Senate Candidate Blake Masters’ Plans to Tackle Big Tech’s ‘Predatory’ Business Practices

Woman in a red suit on Smartphone

Arizona Senate candidate Blake Masters wants to break up Big Tech and ban their business practices he believes are harmful.

“I think Republicans need to reacquaint themselves with their history of antitrust enforcement, and realize huge concentrations of power in private hands can violate people’s liberties just as much as government,” Masters said in an interview with the Daily Caller News Foundation.

Masters, who announced his candidacy in July, serves as chief operating officer at investment firm Thiel Capital and runs the Thiel Foundation, a philanthropic organization founded by billionaire investor and PayPal co-founder Peter Thiel. He competes in a crowded Republican primary with fellow candidate and current Arizona Attorney General Mark Brnovich for the chance to unseat incumbent Democratic Sen. Mark Kelly in 2022.

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Missouri US Representatives, Hawley Push Probes, Bills Targeting Meatpacking Industry

There are more than 95,000 farms in Missouri with the Show Me State placing among the nation’s top 10 in terms of beef, chicken and pork production, according to the U.S. Department of Agriculture.

But consolidation within the meatpacking industry – four firms (JBS, Tyson, Cargill, National Beef) control more than 80% of all the beef slaughtered in the United States – has long frustrated Missouri producers.

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Commentary: Break Up Big Tech Before It’s Too Late

With the rise of populist and bipartisan resentment against Big Tech monopolies along with the recent appointment of Big Tech opponent Lina Khan as chairman of the Federal Trade Commission, government action against these companies seems imminent. People are waking up to the fact that they have way too much power and are a threat to the American way of life.

As if on cue, prominent conservatives have come to the defense of these monopolies. Most recently, Robert Bork Jr. argued in National Review that breaking up Big Tech would lead to “a slippery slope to the end of capitalism and the rise of political management of the economy.” He agrees with conservatives such as Representative Jim Jordan (R-Ohio), who says, “These [anti-monopoly] bills give power to the FTC, the new commissioner we all know is radically left.”

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Commentary: The Federal Trade Commission Shouldn’t Be a Lawless Agency

The Federal Trade Commission has been on the march.  Over the past month, the Commission has held two “open” meetings, rescinded two major bipartisan agreements by party-line vote, and positioned itself to write regulations for the first time in decades.

In the words of a former commissioner, the current FTC is “Icarus flying without the constraints of history, economics, or law.”  He predicts that its “regulatory overreach…will end with the FTC’s wings melting in the courts.”

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Facebook Files Petition Demanding FTC Chair Lina Khan Recuse Herself From Antitrust Case

Lina Khan Facebook Headquarters

Facebook filed a petition Wednesday asking for Federal Trade Commission (FTC) Chair Lina Khan to recuse herself from the FTC’s antitrust case against the company.

The tech giant argued in the petition that Khan’s public statements, in which she suggested Facebook’s conduct constituted an antitrust offense, violated the company’s due process rights.

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Amazon Demands Recusal of Federal Trade Commission Chair from Any Antitrust Investigations

Federal Trade Commission

Tech giant Amazon recently demanded that the chairwoman of the Federal Trade Commission be recused from any antitrust investigations into the company, according to the Daily Caller.

Amazon filed the petition with the FTC on Wednesday, accusing Chairwoman Lina Khan of being biased due to the fact that she “has, on numerous occasions, argued that Amazon is guilty of antitrust violations and should be broken up.” The petition continued by declaring that “these statements convey to any reasonable observer the clear impression that she has already made up her mind about many material facts relevant to Amazon’s antitrust culpability as well as about the ultimate issue of culpability itself.”

The FTC is already conducting several antitrust investigations, including against Amazon; their most recent efforts are focusing on Amazon’s possible acquisition of the film studio Metro Goldwyn Mayer (MGM), a purchase of nearly $9 billion announced last month.

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Justice Dept. Files Landmark Antitrust Case Against Google

The Justice Department on Tuesday sued Google for antitrust violations, alleging that it abused its dominance in online search and advertising to stifle competition and harm consumers.

The lawsuit marks the government’s most significant attempt to protect competition since its groundbreaking case against Microsoft more than 20 years ago. It could be an opening salvo ahead of other major government antitrust actions, given ongoing investigations of major tech companies including Apple, Amazon and Facebook at both the Justice Department and the Federal Trade Commission.

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ANALYSIS: DOJ Investigators Involved in Antitrust Probe Don’t Appear to be Scrutinizing Claims of Bias in Google’s Search

by Peter Hasson and Chris White   Department of Justice investigators who are conducting an antitrust probe targeting Google do not appear to be scrutinizing claims that the tech giant manipulates its search function, leaks about the probe and a source familiar with it indicate. Google critics argue that Google…

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Seven Steps Next Director Can Take to Make the Consumer Financial Protection Bureau Less Awful

Kathy Kraninger

by Norbert Michel   The Trump administration has nominated Kathy Kraninger to be the next director of the Consumer Financial Protection Bureau, and Roll Call reports that her confirmation hearing was “as politically contentious as it’s gotten in the last year and a half” on the otherwise “senatorial Senate Banking Committee.” Ignore the…

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