FTC’s Third Open Meeting Brings New Changes to Agencies’ Approach for Health App Privacy, Petitions for Rulemaking, and Vertical Mergers

Lexology October 11, 2021
Wilmer Cutler Pickering Hale and Dorr LLP

On September 16, 2021, the Federal Trade Commission (“FTC” or “Commission”) held its third Open Commission Meeting in as many months. The Commission addressed four items: (1) whether to issue a policy statement affirming that health apps and connected devices must comply with the Health Breach Notification Rule (“HBNR”) in the event of a privacy breach; (2) an FTC report regarding almost a decade of unreported acquisitions by five major technology companies; (3) proposed revisions to FTC procedural rules concerning petitions for rulemakings; and (4) the proposed withdrawal of the FTC’s Vertical Merger Guidelines that were adopted in June 2020.

Key takeaways from the meeting include:

• The Democratic Commissioner are moving quickly to remove what they view as roadblocks...

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