The two Republican Commissioners voted no and dissented from approving the Policy Statement, citing concerns about improperly expanding the scope of the HBNR outside of the rulemaking process and depriving the public of the opportunity to comment on agency rulemaking.
In her dissenting statement, Commissioner Christine S. Wilson noted that the Policy Statement contradicts existing FTC business guidance and curtails an open, ongoing rulemaking process that covers the HBNR.
In his dissenting statement, Commissioner Noah Joshua Phillips echoed the same concerns and further noted that the HBNR provides an unworkable “remedy” for notice of a breach in the context of apps and companies that operate based on the sharing of health-related consumer data.
Related: New FTC Policies Restore Prior Approval Policy For Merger
The Commission signaled its intent to bring actions to enforce the HBNR consistent with the Policy Statement. However, there could be meaningful challenges to this purported clarification if the Commission seeks to enforce the HBNR against health-related apps and devices in the future.
Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.
Featured News
FTC Urged to Enforce Rarely Used Antitrust Law Against Retail Giants
Mar 28, 2024 by
CPI
UK’s Fingleton Bolsters Team with New Additions
Mar 28, 2024 by
CPI
Britain’s Competition Regulator Clears Aviva’s Acquisition of AIG Life UK
Mar 28, 2024 by
CPI
White House Implements New AI Safeguards to Protect Rights and Safety
Mar 28, 2024 by
CPI
Denver Court Sets August Date for Kroger-Albertsons Merger Showdown
Mar 28, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Real Estate & Antitrust
Mar 27, 2024 by
CPI
Systematic National Evidence of Steering by Real Estate Agents
Mar 27, 2024 by
CPI
Compliance Now! Actionable Antitrust Advice for the Residential Real Estate Industry
Mar 27, 2024 by
CPI
Real Estate Commissions: Some Insights from the Economics of Multi-Sided Platforms
Mar 27, 2024 by
CPI
New Ideas for Promoting Real Estate Brokerage Price Competition
Mar 27, 2024 by
CPI