China Issues Proposed Regulations on Generative AI

With OpenAI’s introduction of ChatGPT into the market, Generative Artificial Intelligence (Generative AI) has dominated the headlines across the globe. Many technology companies have followed suit and released their Generative AI tools and services. Generative AI is widely expected to empower and change business models across industries and has immediately improved efficiency in many sectors. Pillsbury has been closely monitoring and advising our clients on these fast-changing AI technologies. (See our website at Artificial Intelligence (AI) Law | Pillsbury Law.)

The Nuclear Regulatory Commission Unanimously Votes to Separate Fusion Energy Regulation from Nuclear Fission

On April 14, 2023, in a unanimous vote, the Commissioners of the U.S. NRC directed that fusion energy devices will be regulated under the agency’s existing rules for use of byproduct materials in 10 C.F.R. Part 30, with only a limited-scope rulemaking. This approach separates the regulatory framework for fusion from the utilization facility framework applicable to nuclear fission energy and will allow the NRC to tailor its regulatory approach to the emerging fusion energy sector.

Consumer Financial Protection Bureau Finalizes Small Business Lending Data Rule

On March 30, 2023, the Consumer Financial Protection Bureau (CFPB) issued a final rule that requires small business lenders to collect detailed demographic and financial data about applications and originations, and annually report that data to the CFPB. Currently, lenders typically only collect demographic data (such as the race or ethnicity of an applicant) with residential mortgage applications because federal law has significantly restricted the collection of such data in other circumstances. The new rule will therefore require small business lenders to make substantial operational changes. Lenders will also need to assess and revise their compliance programs to manage both the new data collection and reporting requirements, as well as the increased fair lending scrutiny that is likely to result from regulators’ access to this detailed data.

Washington Court Reaffirms Tribal Sovereignty in Sports Betting Case, But Differences Among Courts Begin to Emerge

Over recent decades, tribal gaming has developed into a $32 billion industry, providing economic stability and tribal government funding for sovereign nation building. More recently, the U.S. Supreme Court’s decision (in 2018) to overturn the Professional and Amateur Sports Protection Act has sparked renegotiations of tribal-state gaming compacts across the country to allow tribes to enter the online sports betting arena.

Department of Energy Announces Strategy for Offshore Wind Deployment

On Thursday March 29, 2023, the Department of Energy (DOE) announced its offshore wind strategy to advance the deployment of offshore wind energy in the United States. The strategy reflects the DOE’s comprehensive approach for accelerating a carbon-free electricity sector by 2035 and a net-zero economy by 2050.

Canadian Government Moves Forward on Major Clean Hydrogen Investment Tax Credit

On Tuesday, March 28, Canadian Prime Minister Justin Trudeau and Deputy Prime Minister Chrystia Freeland presented Budget 2023: A Made-in-Canada Plan, the 2023 – 2024 Canadian federal budget proposal. The proposed budget includes several clean energy programs, including a $17.7 billion CAD ($12.6 billion USD) Clean Hydrogen Investment Tax Credit (ITC).

Court of Appeals Finds That Insurers May Not Participate in Bankruptcy Negotiations by Invoking an Insured’s Duty to Cooperate

In Truck Ins. Exch. v. Kaiser Gypsum Co. (In re Kaiser Gypsum Co.), 60 F.4th 73 (4th Cir. 2023), the U.S. Court of Appeals for the Fourth Circuit found that an insured’s duty to cooperate under its general liability insurance policies, which require the insured to assist and cooperate with litigation-related defense, does not give its insurer the right to negotiate the terms of a chapter 11 plan in the insured’s asbestos bankruptcy because the duty to cooperate is limited to “traditional litigation activities.” The Fourth Circuit also found that the insurer was not a “party in interest” and lacked standing to object to the plan because, by leaving the insurer’s rights and obligations under the policy intact, the plan was “insurance neutral.”

Nuclear Energy Agency Announces Publication of the Small Modular Reactor Dashboard

On March 13, 2023, the Organization for Economic Co-operation and Development (OECD) Nuclear Energy Agency (NEA) announced publication of the Small Modular Reactor Dashboard, a compilation of verified publicly available information on progress-to-date towards SMR first-of-a-kind (FOAK) deployment and commercialization. This information aims to help the public understand the pace of progress to commercial deployment of these technologies as governments consider available paths to achieve net zero by 2050.

AI Warning: ChatGPT Blocked for Data Laws Breach

Wherever you are located, you need to be mindful of various laws around the world that may apply to your development and use of AI. Recent laws proposed in Europe (e.g., the AI Act) have attracted a lot of attention, but it can often be a mistake to overlook other laws that can apply and are currently in force, such as the General Data Protection Regulation (GDPR). The Italian data regulator’s enforcement action against OpenAI and ChatGPT this past week reminded everyone that laws such as GDPR do indeed impact the creation, development and use of AI.

Application Windows Opening for New Federal Funding

On August 16, 2022, the passage of the Inflation Reduction Act (IRA) marked the establishment of a trifecta of bipartisan legislation aimed at improving U.S. economic competitiveness through innovation and domestic industrial productivity. In total, the IRA, the CHIPS and Science Act (CHIPS) and the Infrastructure Investment and Jobs Act (IIJA) provide about $2 trillion in federal funding, offering businesses and organizations a rare opportunity to apply for federal grants or take advantage of other federal incentive benefits. Many application windows for grants, loans and other incentives have opened since the passage of these landmark bills, with additional application periods opening across the first three quarters of 2023. Businesses should be assessing how available programs align with objectives and growth plans and preparing to meet critical eligibility and compliance obligations to obtain benefits. Though more details are still to come, below are considerations for companies seeking to benefit from new federal spending and incentive programs to support infrastructure projects, technology innovation, semiconductor manufacturing, and climate protection and clean energy initiatives.

Commerce Releases New Proposed Rule Governing Restrictions on Chinese Investments by CHIPS Act Applicants

On March 21, 2023, the Department of Commerce (Commerce) released a Notice of Proposed Rulemaking (NPRM) imposing guardrails preventing the “improper use of funds” made available under the CHIPS Act of 2022, which creates a private sector incentive program to boost semiconductor manufacturing in the United States. The guardrails are designed to ensure that technology and innovation spurred by the CHIPS Act is targeted towards domestic investment in semiconductor facilities and equipment, exclusively, and does not benefit adversarial countries, principally China.

Cross-Border Data Transfer Mechanisms and Requirements in China

In recent years, alongside the rapid development of the digital economy and the concomitant increase in data generation, collection, processing and monitoring in the People’s Republic of China (PRC or China), the Chinese government has accelerated efforts to establish a robust legal framework for data protection. Over the past five years, China has promulgated several major data protection laws, including the Cybersecurity Law (CSL) (effective from June 1, 2017), the Personal Information Protection Law (PIPL) (effective from November 1, 2021) and the Data Security Law (DSL) (effective from September 1, 2021), together with a series of implementation regulations and administrative guidance. These laws and regulations, particularly with respect to requirements on the processing of personal information and cross-border data transfer, pose significant challenges and compliance obligations for multinational companies when conducting business in and with China. This article outlines our observations of the mechanisms and practice of cross-border transfer of personal information under China’s current legal framework.

Don’t Let Bank Uncertainty Delay Payroll: Considerations for Employers

With bank uncertainty making headlines, we answer employers’ most frequently asked questions about the consequences of payroll delays, strategies for mitigating risk and more.

EPA Proposes Stringent Regulation of PFAS in Drinking Water

On March 14, 2023, the EPA proposed a National Primary Drinking Water Regulation under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for six per- and polyfluoroalkyl substances (PFAS).

Department of Energy Announces $6 Billion Funding Opportunity for Industrial Decarbonization and Emissions Reduction Projects

On March 8, 2023, the Department of Energy (DOE) announced approximately $6 billion in funding to accelerate decarbonization projects in energy intensive industries and provide American manufacturers a competitive advantage. Funded by the Bipartisan Infrastructure Law (BIL) and Inflation Reduction Act (IRA), the Industrial Demonstrations Program will focus on revolutionizing energy intensive industrial processes with the highest emissions, where decarbonization technologies will have the greatest impact. Industries that represent the greatest opportunities include iron, steel, steel mill products, aluminum, cement, concrete, glass, pulp, paper, industrial ceramics and chemical products.

New Biden Administration Cyber Strategy Proposes Dramatic Shift in Order to Hold Software Developers Liable for “Insecure” Software

On March 2, 2023, the Biden administration released its National Cyber Security ("Strategy") to create a more defensible, resilient and value-aligned digital ecosystem which includes, among other priorities, the administration’s efforts to make software firms liable for system insecurities.

New UK GDPR Reform Bill Published

Businesses already face an uphill struggle keeping pace with fast changing and numerous new data laws being passed in multiple U.S. states as well as countries around the world. The one silver lining has been the emergence of a recent trend of basing, to some extent, many of these new laws on the GDPR. This means that one way forward has been to look to build upon effort already expended on creating and administering GDPR compliance frameworks, albeit with updating needed for relevant recent changes or enforcement. The UK government changes therefore may well leave some feeling nervous. The changes to the UK GDPR will have to be scrutinized after the post-parliamentary readings to assess final impact of the Data Protection & Digital Information (No.2) Bill (DPDI2) (e.g., regarding fines, AI, cookies, transfers, legitimate interests, records of processing activities (ROPA), data protection officers (DPOs), Data Protection Impact Assessments (DPIAs), etc.). We will also have to see how the EU responds, as any removal of adequacy status will add further complications to EU-UK data transfers. Any business with UK operations, customers, suppliers or partners will need to freshly review and consider changes to its policies, documents and procedures to account for DPDI2.

China Publishes Measures on Standard Contract for Cross-border Transfer of Personal Information

The Cyberspace Administration of China (CAC) issued the final version of the Measures on the Standard Contract for the Cross-border Transfer of Personal Information (Standard Contract Measures) on February 24, 2023, which includes a template standard contract (Standard Contract). The Measures will take effect on June 1, 2023, but set forth a six-month grace period until December 1, 2023, to provide companies with time to take actions for compliance.

Seeking Certainty: Redefining “Waters of the United States”

Making good on a promise to redefine the Clean Water Act (CWA) term, “Waters of the United States” or WOTUS, on January 18, 2023, the latest revised definition of “Waters of the United States” was published in the Federal Register by the U.S. Army Corps of Engineers (ACOE) and the Environmental Protection Agency (EPA) at 86 FR 3004. The effective date of this rule will be March 20, 2023. Remarkably, this action marks the fourth time in eight years that these agencies have attempted to craft a workable definition of WOTUS and thereby affect far-ranging impacts on everything from infrastructure and agriculture to private land use. While the agencies indicate that the newly redefined WOTUS is, in many ways, a return to the longstanding regulatory regime, there are several notable changes.

Department of Energy Opens Second Award Cycle for Civil Nuclear Credit Program

On March 2, 2023, the Department of Energy (DOE) announced the opening of the second round awards cycle of the Civil Nuclear Credit (CNC) Program and released application guidance. The application guidance describes the timelines, deliverables and supporting information needed to apply for CNC certification and to submit sealed bids to receive allocated credits.

New DOJ Clawback Policy Brings Compensation and Employment Questions Front and Center for Companies

On March 2, 2023, Deputy Attorney General (DAG) Lisa Monaco announced a new Criminal Division policy for Department of Justice (DOJ) prosecutors to consider the implementation of compensation clawback policies as an important factor in corporate criminal resolutions. This policy is aimed at incentivizing both public and private companies to incorporate clawback clauses into contracts and compensation policies for employees, officers and directors.

New UK GDPR Proposals Incoming

Businesses already face an uphill struggle keeping pace with fast changing and multiple new data laws being passed in multiple U.S. states as well as numerous countries around the world. The one silver lining has been the emergence of a recent trend of basing, to some extent, many of these new laws on the GDPR. This means that one way forward has been to look to build upon effort already expended on creating and administering GDPR compliance frameworks, albeit with updating needed for relevant recent changes or enforcement. The current efforts of the UK government therefore may well leave some feeling nervous. The details of any proposed changes to the UK GDPR will have to be scrutinized to assess impact (and to see if Data Protection & Digital Information Bill (DPDI) proposals regarding fines, cookies, data protection officers (DPOs), Data Protection Impact Assessments (DPIAs), etc. survive). We will also have to keep an eye on how the EU responds, as any removal of adequacy status will add further complications to EU-UK data transfers. One thing that is for certain is that any business with UK operations, customers, suppliers or partners will need to freshly review and likely make changes to its policies, documents and procedures to account for any changes this year.

CHIPS Act Funds Start to Flow: First Funding Opportunity Announced for Commercial Front-end and Back-end Semiconductor Fabrication Facilities

On February 28, 2023, the first funding opportunity opened under the Creating Helpful Incentives to Produce Semiconductors and Science Act (CHIPS Act), federal legislation that appropriated $52.7B in federal funding to boost the semiconductor industry, including $39B in semiconductor manufacturing incentives.

Recent DOJ Action Creates Uncertainty for Information-Sharing Programs

The U.S. Department of Justice (DOJ) recently withdrew three antitrust policy statements that had provided guidance for information sharing by competitors and that DOJ had issued jointly with the Federal Trade Commission (FTC) starting 30 years ago. DOJ said that the guidance in those statements was “overly permissive on certain subjects, such as information sharing.”

NLRB Invalidates Common Confidentiality and Non-Disparagement Clauses in Severance Agreements

Section 7 of the National Labor Relations Act (NLRA) confers broad rights to non-supervisory employees to engage in “protected, concerted activity” for their “mutual aid and protection,” which generally includes discussing the terms and conditions of their employment both with other employees and, more generally, with the public (“Section 7 rights”). Section 8(a)(1) of the NLRA makes it an unfair labor practice for an employer “to interfere with, restrain, or coerce employees in the exercise of” their Section 7 rights.

U.S. Attorney’s Offices Adopt New Voluntary Self-Disclosure Policy

It is a reality of corporate America that most companies at one point or other will become aware of misconduct at some level within their ranks. When an organization learns of such misconduct, it is important to move quickly to investigate and remediate any misdeeds. When such misconduct rises to the level of a potential criminal violation, however, organizations seeking to reduce the risk of criminal prosecution or the severity of potential penalties also can consider the further step of voluntary self-disclosure to manage risk.

EPA Launches Initiative to Replace Lead Pipes in Underserved Communities

In 2021, the White House introduced the Biden-Harris Lead Pipe and Paint Action Plan, which promises to replace all lead service lines in America over the next decade. The White House dubbed the plan “game-changing” and anticipates that it will put “pipefitters to work replacing all of America’s lead pipes and service lines.”

DoD Issues New Small Business Strategy to Bolster Participation

Small businesses are not only vital to the American economy, but they also form the backbone of the defense industrial base. More than 70% of the companies doing business with the DoD are small businesses. Despite their importance, the number of small businesses participating in the defense industrial base has declined by more than 40% over the last decade due to various factors, including complex regulations, a convoluted entry process into the defense marketplace, fewer contracting opportunities and increased costs.

Federal Court Ends California’s Ban on Mandatory Employment Arbitration Agreements

In 2019, California enacted Assembly Bill 51 (AB 51) which made it a criminal offense for an employer to require an employee or applicant to consent to arbitration as a condition of employment. In an effort to avoid preemption under the Federal Arbitration Act (FAA), an Act which bars states from treating arbitration agreements differently than other contracts, AB 51 included a provision stating that if the parties mutually entered into an arbitration agreement, it would be enforceable. Thus, an employer could be subject to criminal prosecution for requiring an employee to enter into an arbitration agreement, but if the employee signed the arbitration agreement, it would be enforced.

North Carolina, California, Wisconsin and Illinois Sue Companies over PFAS “Forever Chemicals” Contamination

In the last eight months, the attorneys general of North Carolina, California, Wisconsin and Illinois have sued various primary manufacturers of per- and polyfluoroalkyl substances (PFAS), as well as over a dozen secondary manufacturers of PFAS-containing products. Each lawsuit alleges that the manufacture and distribution of PFAS and PFAS-containing products has led to widespread environmental contamination and harmful exposure.

Alternating Current Yields Alternating Decisions on Bankruptcy Priority Treatment

Scientists have been puzzling over the nature of electricity since as early as 565 B.C., when the Greek philosopher Thales of Miletus experimented by rubbing amber on fur to attract feathers. Thales, however, did not have to ponder the legal nature of the static electricity he observed.

Amid the Rise of Greenwashing Litigation, Guidance Due for Updates May Become Law

How terms like “net zero,” “carbon neutral” and “sustainable” are defined and how such standards are measured are critically important to companies seeking to accurately brand their services and products. Lawsuits related to greenwashing are on the rise, with consumer groups and environmental non-governmental organizations (eNGOs) utilizing consumer protection laws to challenge statements made in green marketing campaigns and how companies account for their claims of environmental-friendliness.

OMB Proposes Revisions to Guidance Supporting the Implementation of IIJA’s Build America, Buy America Act Provisions

As anticipated, following President Biden’s State of the Union Address, the Office of Management and Budget (OMB) issued additional guidance to implement the Build America, Buy America Act provisions of the IIJA. Published on February 9, 2023, the proposed guidance seeks to implement consistent government-wide Buy America requirements for infrastructure projects, and includes guidance to determine the cost of manufactured products and when a variety of types of construction materials can be treated as U.S.-made.

Russia Issues New Authority to Suspend Voting Rights of Some International Investors in Major Russian Companies

The Russian government continues to take measures to curtail the rights of investors from or connected to “unfriendly jurisdictions” (i.e., countries that have introduced sanctions on Russia and Russian persons) (“Western Investors”) without definitively expropriating their assets.

New York Finalizes Disclosure Requirements for Commercial Financing Transactions

In December 2020, New York became the second state to enact legislation to impose consumer-style disclosure requirements for commercial financing transactions. Although these requirements were initially scheduled to become effective on January 1, 2022, the New York Department of Financial Services (NYDFS) issued guidance stating that compliance with the requirements would be delayed until NYDFS issued final implementing regulations. NYDFS issued those final regulations on February 1, 2023, and the disclosure requirements will now become effective in New York on August 1, 2023.

Employment Law in the Golden State: 2023 Updates

As California employers update employee policies and handbooks for the coming year, it is critical that they are aware of new employment laws in 2022 and understand how these changes will potentially affect their operations in the year ahead. From key legislative, case law and wage-and-hour developments to “post”-pandemic pointers and the impacts of new and proposed federal laws, the following updates provide practical guidance to help employers ensure they are in compliance with the new laws that are generally applicable to most California employers.

The SEC’s Fast-Approaching Cybersecurity Overhaul for Public Companies and Regulated Entities

In remarks last year, Gary Gensler, Chair of the Securities and Exchange Commission (SEC) made clear that the SEC “has a role to play” in regulating cybersecurity in the name of “maintaining orderly markets.” That role cannot be overstated.

New OSHA Enforcement Guidance Could Subject Employers to More Citations and Increased Associated Penalties

On January 26, 2023, the Occupational Safety and Health Administration (OSHA) announced new enforcement guidance to effectively increase the number of citations it can issue. OSHA’s current typical practice is to issue a citation containing multiple “instances” of an alleged violation. For example, a citation alleging violation of a machine guarding standard will contain an instance for each machine not properly guarded. Following the new enforcement guidance, OSHA is now encouraged to issue a separate citation for each instance, naturally multiplying the associated penalties.

What to Expect from the New York Department of Financial Services in 2023

The New York Department of Financial Services (NYDFS) is responsible for the supervision of financial services companies operating in New York, including all New York state-chartered banks, insurance companies and producers, companies engaged in virtual currency activity, money services businesses, mortgage lenders and servicers, other non-depository lenders, credit reporting agencies and student loan servicers. According to its most recent annual report, NYDFS supervises approximately 3,000 financial institutions with assets exceeding $8.8 trillion.

SEC Enforcement: 2022 Year in Review

The SEC’s Enforcement Division had a banner year in 2022—Chair Gary Gensler’s first full year on the job—validating predictions that Chair Gensler’s tenure would usher in a new era of aggressive enforcement. We expect the Enforcement Division to continue its aggressive approach in 2023, as the staff pursues the Chair’s priorities including ESG, digital assets, cybersecurity and insider trading.

FCC Proposes Updates to Customer Proprietary Network Information Breach Reporting Requirements

The Federal Communications Commission (FCC) has proposed to update its data breach reporting requirements to address increasing security breaches in the telecommunications industry. In December 2022, the FCC released a Notice of Proposed Rulemaking (NPRM) launching a proceeding to improve the process for notifying customers and federal law enforcement of breaches that may have exposed customer proprietary network information (CPNI). In the NPRM, the FCC proposed several revisions to its data breach rules (which have not been updated since 2007) and seeks comment on those proposals.

EPA Tentatively Rejects the Center for Biological Diversity’s Petition to Regulate PVC as a Hazardous Waste

Introduction and Background
Few materials generate as much controversy as polyvinyl chloride (PVC). Versatile, durable and available at a comparatively low cost, PVC offers a wide range of advantages across numerous industries, cementing its place as one of the market’s most popular materials. For example, PVC’s rigidity and strength makes it a popular construction material, and its high chlorine content makes PVC fire-resistant. PVC is also present in food packaging, children’s toys, and other industrial, retail and commercial materials.

 

Effective January 1, 2023, Numerous States Begin to Impose Notification Requirements and Prohibitions on Products Containing “Intentionally Added” PFAS

In all, California, Colorado, Connecticut, Hawaii, Maine, Maryland, Minnesota, New York, Rhode Island, Vermont and Washington have placed or soon will be placing prohibitions on the distribution of per- and polyfluoroalkyl substances (PFAS) in food packaging containers, cookware and, in other cases, a wide range of products under the authority of consumer protection laws. Companies across the supply chain will be impacted by these regulations. Industry has criticized the state laws as overreaching, particularly considering the inability of certain state agencies to enforce these laws effectively.

Efforts to Regulate Plastic Pollution Likely to Increase in 2023

Public concern regarding plastic pollution in the United States has continued to grow in recent years. While more traditionally centered on unmanaged plastic waste and U.S. recycling capacity, this has evolved to include issues such as microplastics, plastic-related chemicals, ESG and the environmental justice impacts of the plastics industry. In line with this growing concern, regulatory efforts aimed at addressing plastics have accelerated, and there was significant movement toward greater plastics regulation in 2022 at the state, federal and international levels.

How Are Digital Assets Regulated in the United States and Elsewhere?

Following the fall of FTX, the global spotlight on digital asset regulation has intensified. The key question—particularly in the United States—is whether and when digital assets should be subject to securities regulation. This debate is complicated by the variety of digital asset uses. As an example, a modified ERC-20 token standard on the Ethereum blockchain has been used to tokenize company shares with the ability to automate dividend payments, while the ERC-721 token standard has been used to create Non-Fungible Tokens (NFTs). These token use cases present entirely different functionalities and can be modified even further. How varied use cases are best regulated lies at the heart of the digital assets legal debate.

Economic Crime (Transparency and Enforcement) Act Provides Transitional Period

The Economic Crime (Transparency and Enforcement) Act which came into force last year provides a transitional period ending on January 31, 2023, during which overseas entities that own (or want to sell or transfer) or lease UK real estate must register the beneficial owners or managing officers of that overseas entity at Companies House. A failure to comply with the Act will expose the overseas entity and its officers to criminal sanctions and could potentially impact banks who have lent monies secured on the property.

FCC Proposes Rules to License Spectrum for Unmanned Aircraft Systems

The FCC’s proposed rules would provide licensed spectrum access to unmanned aircraft systems, allowing for riskier unmanned flights.

FCC Adopts Rules Requiring Broadband Providers to Display Point-of-Sale Labels and Proposes New Rules Promoting Equal Access to Broadband Services

New FCC rules require internet service providers (ISPs) to prominently display labels disclosing information about broadband prices, rates, data allowances and broadband speeds.

HSR Merger Filing Fees Significantly Increase for Transactions Valued at $500 Million or More; Highest Fee Increasing by 800%

The Merger Filing Fee Modernization Act (MFFM Act), included in the year-end omnibus spending bill that President Biden signed into law on December 29, 2022, updates the fee structure for filings submitted pursuant to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) for the first time since 2001. Under the HSR Act, parties to certain mergers and acquisitions are required to report transactions valued in excess of the lowest filing threshold, currently $101 million, to the Federal Trade Commission (FTC) and Department of Justice (DOJ) and wait a proscribed period of time before closing.

Employers Take Note: FTC Releases Notice of Proposed Rulemaking Banning Worker Non-Competes

Citing its interest in promoting competition and opening up “better employment opportunities” for workers, the Biden Administration is moving forward with a proposal to prohibit a feature of many U.S. employment relationships valued by employers and of significant importance in M&A transactions: non-competition agreements. Rather than looking to Congress to enact legislation to achieve this goal, the Administration is relying on the authority of the U.S. Federal Trade Commission (FTC) to enforce and engage in rulemaking under existing antitrust laws.