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Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory announcements, recap key enforcement actions, and preview upcoming deadlines and events. We also include links to our articles, blogs, and webinars with more analysis in these areas. We understand that keeping on top of the rapidly evolving regulatory landscape is more important than ever for businesses seeking to offer new and ground-breaking technologies.
Regulatory Announcements
Tuesday, March 2, 2021
On Feb. 10, 2021, Acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter offered a glimpse of where the FTC may be headed under the Biden administration and confirmed that privacy remains among the Commission’s top priorities.
In her keynote address to the Future of Privacy Forum, Slaughter shared her views on the FTC’s role in privacy and data security, and her priorities for the coming years. While among the first in her new role, Slaughter’s remarks contain familiar themes, including innovative approaches, greater transparency, and comprehensive use of FTC authority – hallmarks of her tenure on the Commission.
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On Thursday, February 4, 2021, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice’s Antitrust Division (DOJ), announced that it had suspended the process by which requests for early termination of Hart-Scott-Rodino Act (HSR Act) waiting periods are granted, potentially signaling a more aggressive approach to merger review.
Key Takeaways
For the foreseeable future, filing parties must in all cases wait for the full 30-day waiting period to expire before closing.
The rule applies to currently filed transactions and to any new filings.
The shift in practice by the FTC and the DOJ may preview a significant departure from the approach to merger enforcement under both Democratic and Republican administrations for decades.
Speaking to the Future of Privacy Forum, Acting Federal Trade Commission (FTC) Chairwoman Rebecca Kelly Slaughter provided insight this week into how the Biden Administration intends to.