Federal Trade Commission January 2023 – Federal Register Recent Federal Regulation Documents

The Horseracing Integrity and Safety Act of 2020 recognizes a self-regulatory nonprofit organization, the Horseracing Integrity and Safety Authority, which is charged with developing proposed rules on a variety of subjects. Those proposed rules and later proposed rule modifications take effect only if approved by the Federal Trade Commission. The proposed rules and rule modifications must be published in the Federal Register for public comment. Thereafter, the Commission has 60 days from the date of publication to approve or disapprove the proposed rule or rule modification. The Authority submitted to the Commission a proposed rule on Anti-Doping and Medication Control on December 30, 2022. The Office of the Secretary of the Commission determined that the proposal complied with the Commission's rule governing such submissions. This document publicizes the Authority's proposed rule's text and explanation, and it seeks public comment on whether the Commission should approve or disapprove the proposed rule. This document is substantially similar to the document published on October 28, 2022, as corrected on November 4, 2022, and the Commission will consider all comments filed in response to that document as well as all comments filed in response to this document.

The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing comments on its advance notice of proposed rulemaking (``ANPR'') regarding whether the Commission should prescribe new trade regulation rules or other regulatory alternatives concerning unfair or deceptive acts or practices concerning fees that are prevalent.

The Federal Trade Commission (``FTC'' or ``Commission'') is extending the deadline for filing comments on its advance notice of proposed rulemaking (``ANPR'') regarding the Energy Labeling Rule.

The Federal Trade Commission announces the revised thresholds for interlocking directorates required by the 1990 amendment of Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person from serving as a director or officer of two competing corporations if two thresholds are met. Competitor corporations are covered by Section 8 if each one has capital, surplus, and undivided profits aggregating more than $10,000,000, with the exception that no corporation is covered if the competitive sales of either corporation are less than $1,000,000. Section 8(a)(5) requires the Federal Trade Commission to revise those thresholds annually, based on the change in gross national product. The new thresholds, which take effect immediately, are $45,257,000 for Section 8(a)(1), and $4,525,700 for Section 8(a)(2)(A).

Pursuant to Sections 5 and 6(g) of the Federal Trade Commission Act, the Federal Trade Commission (``Commission'') is proposing the Non-Compete Clause Rule. The proposed rule would, among other things, provide that it is an unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with a worker; to maintain with a worker a non-compete clause; or, under certain circumstances, to represent to a worker that the worker is subject to a non-compete clause.

Please take notice that the Federal Trade Commission (``Commission'') received a petition for rulemaking from Jonathan Askin, Professor of Clinical Law, Brooklyn School, and has published that petition online at https://www.regulations.gov. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure, and does not affect the legal status of the petition or its final disposition.

The consent agreement in this matter settles alleged violations of federal law prohibiting unfair methods of competition. The attached Analysis of Proposed Consent Orders to Aid Public Comment describes both the allegations in the complaint and the terms of the consent ordersembodied in the consent agreementthat would settle these allegations.

In accordance with the Paperwork Reduction Act of 1995 (``PRA''), the Federal Trade Commission (``FTC'' or ``Commission'') is seeking public comment on its proposal to extend for an additional three years the Office of Management and Budget (``OMB'') clearance for information collection requirements in its Informal Dispute Settlement Procedures Rule (``the Dispute Settlement Rule'' or ``the Rule''). The current clearance expires on July 31, 2023.

The Federal Trade Commission (``FTC'' or ``Commission'') requests that the Office of Management and Budget (``OMB'') extend for an additional three years the current Paperwork Reduction Act (``PRA'') clearance for its shared enforcement authority with the Consumer Financial Protection Bureau (``CFPB'') for information collection requirements contained in the CFPB's Regulation O. That clearance expires on March 31, 2023.

The consent agreement in this matter settles alleged violations of Federal law prohibiting unfair or deceptive acts or practices. The attached Analysis of Proposed Consent Order to Aid Public Comment describes both the allegations in the draft complaint and the terms of the consent orderembodied in the consent agreement that would settle these allegations.