Legal News for Fri 5/16 - Intel Fights EU Fine, Trump Tests Humphrey's Executor, SEC Staff Cuts Risk Harms and Meta Challenges FTC Monopoly Case

Minimum Competence

This Day in Legal History: SCOTUS Upholds CFPB Funding Structure

On May 16, 2024, the U.S. Supreme Court delivered a major ruling in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., upholding the constitutionality of the CFPB’s funding structure. In a 7–2 decision, the Court held that the agency’s funding—drawn from the Federal Reserve and not subject to annual congressional appropriations—does not violate the Appropriations Clause of the Constitution. Writing for the majority, Chief Justice Roberts emphasized that the Constitution permits flexibility in funding mechanisms so long as they are authorized by law and subject to congressional oversight in some form. The ruling affirmed the CFPB’s continued ability to regulate financial institutions and enforce consumer protection laws independent of Congress’s annual budget process.

The decision marked a significant moment in the Court’s treatment of agency independence, particularly at a time of renewed scrutiny of the administrative state. It was widely seen as a victory for supporters of the CFPB, which had faced ongoing legal and political challenges since its creation under the Dodd-Frank Act in the aftermath of the 2008 financial crisis. However, the case also highlighted the growing skepticism among certain justices—and lawmakers—about the breadth of agency power and accountability.

Just one year later, the CFPB’s future is again uncertain. With a new administration openly hostile to the agency and legislative efforts underway to curtail its authority or restructure its funding, the May 2024 decision is already being treated as legal history. Though the Court upheld the agency’s funding, the political battle over the CFPB continues, casting doubt on how long the victory will stand.

Intel appeared before the EU General Court to contest a €376 million ($421.4 million) antitrust fine reimposed by the European Commission. The fine stems from the Commission’s 2009 decision, which originally imposed a record €1.06 billion penalty for Intel’s actions that allegedly excluded rival AMD from the market. Though the General Court overturned the majority of that decision in 2022, it upheld a portion related to so-called “naked restrictions”—payments Intel made to HP, Acer, and Lenovo to delay or halt rival products between 2002 and 2006.

Intel's lawyer argued that the violations were narrow and tactical, not part of a broader strategy to shut out competitors from the x86 chip market. He claimed the Commission failed to weigh the limited impact of those actions and imposed a disproportionate and unfair fine. The Commission countered that the fine followed established guidelines and represented only a small fraction of Intel’s turnover, asserting that the penalty was appropriate for the seriousness of the conduct.

Both sides asked the court to settle the matter by determining the appropriate fine amount. A decision is expected in the coming months.

Intel spars with EU regulators over $421.4 million antitrust fine | Reuters

A federal appeals court in Washington, D.C., heard arguments in a case that could redefine the U.S. president's authority to remove officials from independent federal agencies. The Trump administration is appealing two lower court decisions that reinstated Democratic officials Cathy Harris to the Merit Systems Protection Board and Gwynne Wilcox to the National Labor Relations Board (NLRB) after President Trump removed them without cause earlier this year. Both boards, which handle labor disputes and federal employee appeals, were left effectively inoperable due to vacancies, with thousands of pending cases.

The administration argues that statutory protections limiting removals to “cause” violate the president’s constitutional authority to control the executive branch. Trump’s legal team claims that these agencies exercise substantial executive power and therefore should not be shielded from presidential oversight. The case may hinge on Humphrey’s Executor, a 1935 Supreme Court decision that upheld removal protections for members of independent commissions like the Federal Trade Commission. Conservative judges—including two Trump appointees on the panel—have recently questioned the decision’s reach.

If the D.C. Circuit sides with Trump, it could pave the way for a broader dismantling of long-standing removal protections across federal agencies. Legal scholars warn that such a move could give the president far-reaching power to reshape regulatory policy by purging officials who don’t align with the administration’s agenda. The case could ultimately reach the U.S. Supreme Court and lead to a narrowing or overruling of Humphrey’s Executor.

US court to weigh Trump's powers to fire Democrats from federal agencies | Reuters

Data obtained through a public records request reveals that recent buyouts at the U.S. Securities and Exchange Commission (SEC) have significantly reduced staffing in key divisions. The legal, investment management, and trading and markets offices experienced workforce cuts ranging from 15% to 19% over just a few weeks. Regional offices in Chicago and Denver also saw nearly 20% reductions. Overall, the SEC’s full-time staff has shrunk by 12% since January, with agency chair Paul Atkins recently noting a 15% decrease since October.

These losses come amid ongoing hiring freezes and budget restrictions. While Atkins suggested that some roles may be refilled, he did not dismiss the possibility of more cuts. In parallel, more than 20 SEC employees have been reassigned to focus on contract reviews, part of a broader cost-cutting initiative coordinated with the Department of Government Efficiency (DGE), led by Elon Musk. DGE has expanded its presence at SEC headquarters and is reviewing agency operations, particularly IT services, to identify further savings.

The SEC declined to comment on the staffing reductions, though a spokesperson confirmed it is working with DGE to improve efficiency. The full implications of these staffing losses for the agency’s regulatory functions remain unclear.

SEC buyouts hit legal, investment offices hardest, data shows | Reuters

Meta Platforms asked a federal judge to dismiss the Federal Trade Commission's antitrust lawsuit, arguing the agency failed to prove that the company holds an illegal monopoly in social media. The case, which centers on Meta’s acquisitions of Instagram and WhatsApp, claims these deals were aimed at neutralizing potential rivals and maintaining dominance in the market for apps used to share personal updates. The FTC wants to unwind those acquisitions, made more than a decade ago.

Meta contends the FTC’s case falls short of demonstrating that WhatsApp and Instagram posed meaningful competitive threats at the time of acquisition. The company pointed to internal evidence suggesting WhatsApp had no ambitions to become a social media platform and that Instagram actually thrived post-acquisition. Meta also argued the FTC has not clearly defined the relevant market, especially given competition from platforms like TikTok, YouTube, Reddit, and X (formerly Twitter), which Meta says all compete for user attention.

The company maintains that its products face constant pressure to evolve in response to competitors. If the judge denies Meta’s request to end the case now, the trial will continue through June with closing arguments and final briefs expected afterward. A ruling that Meta holds an illegal monopoly would trigger a second trial focused on potential remedies.

Meta asks judge to rule that FTC failed to prove its monopoly case | Reuters

This week’s closing theme is the second movement of Gustav Mahler’s Symphony No. 1, titled “Kräftig bewegt, doch nicht zu schnell. Recht gemächlich”, which translates roughly to “Strongly moving, but not too fast. Quite leisurely.” Composed in the late 1880s and premiered in 1889, Mahler’s First Symphony marked his audacious entry into the world of symphonic writing. At once expansive and deeply personal, the work fuses Romantic tradition with the beginnings of Mahler’s own, modern voice.

The second movement—our focus this week—is a rustic Ländler, an Austrian folk dance form, reimagined with orchestral power and emotional complexity. Mahler, who was born in 1860 in what is now the Czech Republic, grew up surrounded by folk tunes and military marches, and these influences saturate this section of the symphony. It opens with swagger and energy, driven by bold rhythms and a sense of physicality, before softening into a slower trio section that offers brief lyrical repose.

Though the movement has a lively surface, its contrasting moods reflect Mahler’s signature ability to intertwine the playful and the profound. His orchestration here is vivid but never ornamental—every detail serves a dramatic or emotional purpose. Mahler’s symphonies often contemplate mortality, memory, and transcendence, but this movement reminds us that he could also be joyful, ironic, and grounded in the sounds of real life.

By the time of his death in 1911, Mahler had transformed the symphony into a vessel for existential expression, bridging the 19th and 20th centuries. This movement from his First hints at all that was to come. As our week closes, we leave you with this music—bold, earthy, and unmistakably Mahler.

Without further ado, Gustav Mahler’s Symphony No. 1, titled “Kräftig bewegt, doch nicht zu schnell. Recht gemächlich.”

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