The Changing FTC: Shifts in Regulation, Big Tech, and Enforcement Trends

David A. Munkittrick | Proskauer

David Munkittrick is a litigator and trial attorney. His practice focuses on complex and large-scale antitrust, copyright and entertainment matters in all forms of dispute resolution and litigation, from complaint through appeal.

David has been involved in some of the most significant antitrust matters over the past few years, obtaining favorable results for Fortune 500 companies and other clients in bench and jury trials involving price discrimination and group boycott claims. His practice includes the full range of antitrust matters and disputes: from class actions to competitor suits and merger review. David advises antitrust clients in a range of industries, including entertainment, automotive, pharmaceutical, healthcare, agriculture, hospitality, financial services, and sports.

David also advises music, publishing, medical devices, sports, and technology clients in navigating complex copyright issues and compliance. He has represented some of the most recognized names in entertainment, including Sony Music Entertainment, Lady Gaga, U2, Madonna, Daft Punk, RCA Records, BMG Music Publishing, Live Nation, the National Academy of Recording Arts and Sciences, Universal Music Group and Warner/Chappell.

David maintains an active pro bono practice, supporting clients in the arts and in immigration proceedings. He has been repeatedly recognized as Empire State Counsel by the New York State Bar Association for his pro bono service and is a recipient of Proskauer’s Golden Gavel Award for excellence in pro bono work.

When not practicing law, David spends time practicing piano. He recently made his Carnegie Hall debut at Weill Recital Hall with a piano trio and accompanying a Schubert lieder.

KaDee Ru

KaDee Ru is an associate in the Litigation Department. Her practice encompasses a variety of complex litigation matters, including antitrust, intellectual property and contract disputes across a wide range of industries, including technology, healthcare, agriculture and pharmaceuticals.

KaDee also maintains an active pro bono practice, with a focus on immigration, voting and healthcare.

KaDee earned her J.D. from the University of Florida, graduating magna cum laude and ranking 8th out of 243 students in her class. She was inducted into the Order of the Coif and served as Executive Articles Editor on the Journal of Technology Law and Policy. Additionally, she received the Pro Bono Excellence award for performing at least 75 hours of pro bono service before graduation.

During law school, KaDee interned for numerous federal agencies, including the Department of Justice Civil Division, the Federal Trade Commission Bureau of Competition, and the Securities and Exchange Commission Division of Enforcement. She also served as a law student ambassador for the American Bar Association Antitrust Section, contributing to annual updates of the Antitrust Law Developments treatise and taking the lead in organizing a “Why Antitrust?” event at the law school.

Prior to law school, KaDee worked as a teacher, specializing in English as a Second Language (ESL) instruction.

I. Shifting FTC priorities under Andrew Ferguson | 1:00pm – 1:05pm

• Differences between Ferguson and Lina Khan’s leadership approach
• The broader impact of a Trump-era FTC on regulatory enforcement

II. Big tech regulation & online censorship | 1:05pm – 1:10pm

• Shift from market competition to content moderation scrutiny

III. AI regulation rollback | 1:10 – 1:20pm

• Implications for big tech and emerging AI startups

IV. Labor market scrutiny & noncompete agreements | 1:20 – 1:30pm

• The FTC’s continued focus on labor market competition despite regulatory changes

V. Merger review & vertical relationships | 1:30pm – 1:40pm

• Continued focus on investor influence in mergers and acquisitions
• Early termination of investigations for low-risk deals

VI. FTC rulemaking & administrative authority | 1:40pm – 1:50pm

• Ferguson’s opposition to broad FTC rulemaking powers
• The legal and business implications of limiting administrative agency authority

VII. Future enforcement trends under the Trump administration | 1:50pm – 2:00pm

• Areas of continued regulatory focus