Civil Law

FTC Seeks Comment on Potential Updates to Negative Option Rule

On March 11, 2026, the Federal Trade Commission (FTC) issued an Advance Notice of Proposed Rulemaking (ANPRM) seeking public comment on whether it should amend its Rule Concerning the Use of Prenotification Negative Option Plans (the Negative Option Rule), which governs certain offers in which a seller interprets a consumer’s silence or failure to take affirmative action as acceptance or continuing acceptance of the offer.

“Negative option subscriptions can offer procompetitive features to consumers and the marketplace more broadly by lowering transaction … Read the rest

Civil Law

Why the negative impact of non-competes is overstated (Part 2)

As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a Competition Review to examine competition laws, policies and institutions.

Whilst the move to ban non-competes in Australia has been inspired by the U.S. Fair Trade Commission vote to ban non-competes, on 20 August 2024, a Federal District Court in Dallas, Texas, struck down … Read the rest