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Federal Trade Commission Federal Trade Commission (FTC) Compliance Contacts Contact the following individual(s) to get more information on complying with Federal Trade Commission regulations: Maria Tribble 202-326-3438 Compliance Resources The following agencies and offices provide compliance resources for small businesses: • Charity Fraud This web portal provides advice on how to wisely donate to charitable causes and how to legally solicit from others if raising funds • The State of Small Business Security in a Cyber Economy This is the text of a speech by Bureau of Consumer Protection Director to a Congressional Committee on "The State of Small Business Security in a Cyber Economy." • Onguard Online Provides tips on how to guard against Internet fraud, how to secure your computer and protect your personal information • Marketing of Refractive Eye Care Surgery : Guidance for Eye Care Providers This policy statement provides guidance to eye care providers that market their professional services • Contact Lens Rule : A Guide for Prescribers and Sellers This fact sheet is guide for prescribers and sellers of contact lens • Business Briefcase The FTC widely distributes this CD-ROM, which contains the most popular business-related information available on www.FTC.gov • Advertising Policies for Small Businesses : FAQs Small business guide to frequently asked questions about advertising laws and policies • Small Entity Compliance Assistance Policy and Civil Penalty Leniency Program This Federal Register notice explains the Federal Trade Commission's (1) Small Business Compliance Assistance Policy and (2) Civil Penalty Leniency Program • Guide to the Federal Trade Commission This web link provides a guide to what each Bureau and section of the Federal Trade Commission does, including statutory and regulatory issues • Avoiding Web Service Scams This fact sheet helps small businesses avoid website service scams. • Credit Federal credit and debt statutes; guides for advertising consumer leases and the credit practices rule; sample forms for credit applications; business rights under the ECOA; guides for use of credit reports by insurance companies, landlords and employers; disposal of credit reports by businesses; fact sheets for businesses on safeguarding financial information and for preventing identity theft. • Fair Packaging and Labeling Act Information on how to comply with laws governing labeling of consumer products. Includes guidance for metric labeling, Made in USA labeling, energy efficiency, environmental marketing, jewelry, precious metals and pewter industries, labeling alternative fuels; and textile, wool, fur and apparel matters. • Using Consumer Credit Reports : What Landlords Need to Know Fact sheet for landlords using consumer and credit reports to evaluate rental applications. • Competition and Health Care Issues The web portal contains guidance and enforcement information for health care and pharmaceutical providers. • Pre-Merger/Hart-Scott-Rodino Act Provides assistance for businesses seeking information about when and how to submit HSR premerger filings. • Tobacco Advertising and Promotion Contains compliance guides on advertising and health warning requirements for tobacco manufacturers, importers or retail sellers of tobacco related products; materials on Tobacco Industry Settlement. • Federal Trade Commission Guide to Marketing Telephone Services Guide to regulations and policy statements for providers of pay-per-call and other telephone services. • Telemarketing & Telephone Services Legal guides to businesses about telemarketing their products, whether for business, charitable, or political reasons; do not call list; registering to access do not call list. • Business Guide Regarding Products and Services Business person guides to consider when selling goods or services to consumers; warranty, labeling, delivery, use of personal information, advertising • Investments Statutory language for Hobby Protection Act, relating to markings on coins and other numismatic items • Regulations for E-Commerce and the Internet Services Guides for businesses that market or advertise on Internet; assistance with e-commerce transactions laws and regulations • Labeling of Textile, Wool, Fur and Apparel Products FPLA, Textile Fiber Identification Products Identification Act & Wool Products Labeling Act of 1939; Care Labeling Rule, Revised Leather Guides, generic fiber petitions, Cashmere Labeling Conference • Jewelry Guides and Information Enforcement guides for jewelry industry products, guides for metallic watch bands, watches, laser drilling issues, advisory opinions, staff opinion letters, law enforcement surfs • Truth in Advertising Fact Sheets for Businesses Frequently asked advertising questions, compliance guides, fact sheets, policy statements, and staff comments on various advertising issues • Scholarship and Employment Services Guides for private vocational and distance education schools, tips for hiring officials to avoid or spot bogus academic and work credentials • Federal Trade Commission : Privacy Initiatives Guides on Protecting Privacy, in areas of unfairness and deception, financial privacy, credit reporting, and Children's' privacy; Choicepoint; enforcement cases • At Home How-to-comply guides on work at home and other at home opportunities, like internet auctions, purchase of homes and home products, cooling off rule • Franchise and Business Opportunities Guidance to help Franchisors comply with Franchise Rule; Staff Report; Business Opportunity; Federal Register Notices and Rulemakings • Regulations for Diet, Health & Fitness Product Guides to help small businesses advertise & market for dietary, health and weight loss products; eye care specialists are a good example • Children's Issues COPPA guide; reports - Marketing Violent Entertainment, Privacy Online; Children's Online Privacy workshop • Automobiles Guides/check lists to Used Car Rule, Fuel Rating Rule, Labeling Alternative Fueled Vehicles Rule & Used Car Rule; sample Buyers Guide for used car sales; FR notice retaining Guides for Rebuilt, Reconditioned and Other Used Automobile Parts Industry; vehicle buyback project. • Energy Efficiency Claims and Labeling Requirements Current energy efficiency labeling requirements for consumer products issued pursuant to the Energy Policy and Conservation Act. • Registered Identification Number Database A registered identification number or RN is a number issued by the Federal Trade Commission, upon request, to a business residing in the U.S. that is engaged in the manufacture, importing, distribution, or sale of textile, wool, or fur products. Such businesses are not required to have RNs. They may, however, use the RN in place of a name on the label or tag that is required to be affixed to these products. • Made in the USA Standard : Compliance Information How-to-comply-with guide & enforcement policy statement for making Made in USA claims; enforcement and compliance history of the agency activities and links to documents from specific enforcement case, including investigative case closing letters. • Competition in the Health Care Marketplace Frequently asked advertising questions, compliance guides, fact sheets, policy statements, and staff comments on various advertising issues. .
Recommended publications
  • Antitrust Enforcement and the Consumer
    Many consumers have never heard of antitrust laws, but when these laws are effectively and responsibly enforced, they can save consumers millions and even billions of dollars a year in illegal overcharges. Most States have antitrust laws, and so does the Federal Government. Essentially, these laws prohibit business practices that unreasonably deprive consumers of the benefits of competition, U.S. Department of Justice resulting in higher prices for inferior Washington, DC 20530 products and services. This pamphlet was prepared to alert consumers to the existence and importance of antitrust laws and to explain what you can do for antitrust enforcement and for yourself. 1. What Do the Antitrust Laws Do for the Consumer? Antitrust Antitrust laws protect competition. Free and open competition benefits consumers Enforcement by ensuring lower prices and new and better products. In a freely competitive and the market, each competing business generally Consumer will try to attract consumers by cutting its prices and increasing the quality of its products or services. Competition and the profit opportunities it brings also stimulate businesses to find new, innovative, and more efficient methods of production. Consumers benefit from competition through lower prices and better products and services. Companies that fail to understand or react to consumer needs may soon find themselves losing out in the competitive battle. When competitors agree to fix prices, rig bids, or allocate (divide up) customers, consumers lose the benefits of competition. The prices that result when competitors agree in these ways are artificially high; such prices do not accurately reflect cost and therefore distort the allocation of society’s resources.
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  • Competition and Consumer Protection Implications of Algorithms, Artificial
    Competition and Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics Remarks at Competition and Consumer Protection in the 21st Century November 14, 2018 D. Bruce Hoffman Director, Bureau of Competition, U.S. Federal Trade Commission Introduction Good morning and welcome to the seventh FTC hearing on competition and consumer protection in the 21st century. This is an incredibly important series of events, and we have fantastic panelists who have important and interesting things to say. It will help us create a record that will be useful for a long time to come. Let me start by giving a couple of disclaimers. First, everything I say today in this brief introductory speech will be only my personal remarks, not necessarily the views of the Federal Trade Commission or any Commissioner. I also want to thank Howard Law School for hosting this event—it’s a pleasure to be here. The other disclaimer I need to give is that this event is being photographed and webcast. It will be posted to the FTC website, and by participating in this event, you consent to these terms. I thought I would start by talking briefly about why we are holding hearings on competition and consumer protection in the 21st century, and why we are doing a hearing on artificial intelligence. I know Professor Gavil mentioned this yesterday, and I’d like to echo the important educational purpose of these hearings. At the Federal Trade Commission, we are very much in study and learning mode on the issue of antitrust and its application to modern and developing technologies.
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  • The FTC and the Law of Monopolization
    George Mason University School of Law Law and Economics Research Papers Series Working Paper No. 00-34 2000 The FTC and the Law of Monopolization Timothy J. Muris As published in Antitrust Law Journal, Vol. 67, No. 3, 2000 This paper can be downloaded without charge from the Social Science Research Network Electronic Paper Collection: http://papers.ssrn.com/paper.taf?abstract_id=235403 The FTC and the Law of Monopolization by Timothy J. Muris Although Microsoft has attracted much more attention, recent developments at the FTC may have a greater impact on the law of monopolization. From recent pronouncements, the agency appears to believe that in monopolization cases government proof of anticompetitive effect is unnecessary. In one case, the Commission staff argued that defendants should not even be permitted to argue that its conduct lacks an anticompetitive impact. This article argues that the FTC's position is wrong on the law, on policy, and on the facts. Courts have traditionally required full analysis, including consideration of whether the practice in fact has an anticompetitive impact. Even with such analysis, the courts have condemned practices that in retrospect appear not to have been anticompetitive. Given our ignorance about the sources of a firm's success, monopolization cases must necessarily be wide-ranging in their search for whether the conduct at issue in fact created, enhanced, or preserved monopoly power, whether efficiency justifications explain such behavior, and all other relevant issues. THE FTC AND THE LAW OF MONOPOLIZATION Timothy J. Muris* I. INTRODUCTION Most government antitrust cases involve collaborative activity. Collabo- ration between competitors, whether aimed at sti¯ing some aspect of rivalry, such as ®xing prices, or ending competition entirely via merger, is the lifeblood of antitrust.
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  • Hearing on Oligopoly Markets, Note by the United States Submitted To
    Unclassified DAF/COMP/WD(2015)45 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 12-Jun-2015 ___________________________________________________________________________________________ _____________ English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Unclassified DAF/COMP/WD(2015)45 HEARING ON OLIGOPOLY MARKETS -- Note by the United States -- 16-18 June 2015 This document reproduces a written contribution from the United States submitted for Item 5 of the 123rd meeting of the OECD Competition Committee on 16-18 June 2015. More documents related to this discussion can be found at www.oecd.org/daf/competition/oligopoly-markets.htm. English English JT03378438 Complete document available on OLIS in its original format - This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of English Or. international frontiers and boundaries and to the name of any territory, city or area. DAF/COMP/WD(2015)45 UNITED STATES 1. Following on our submissions to previous OECD roundtables on oligopolies, notably the 1999 submission of the U.S. Department of Justice and the U.S. Federal Trade Commission on Oligopoly (describing the theoretical and economic underpinnings of U.S. enforcement policy with regard to oligopolistic behavior),1 and the 2007 U.S. submission on facilitating practices in oligopolies,2 this submission focuses on certain approaches taken by the Federal Trade Commission (“FTC”) and the U.S. Department of Justice Antitrust Division (“DOJ”) (together, “the Agencies”) to prevent the accumulation of unwarranted market power and address oligopoly issues. 2. Pursuant to U.S.
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  • Mini-Roundtable on Oligopoly
    For Official Use DAFFE/CLP/WD(99)13 Organisation de Coopération et de Développement Economiques OLIS : 30-Apr-1999 Organisation for Economic Co-operation and Development Dist. : 03-May-1999 __________________________________________________________________________________________ English text only DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS For Official Use DAFFE/CLP/WD(99)13 COMMITTEE ON COMPETITION LAW AND POLICY Cancels & replaces the same document: distributed 03-May-1999 MINI-ROUNDTABLE ON OLIGOPOLY -- Note by the US Department of Justice and the US Federal Trade Commission -- This note is submitted by the US Delegation to the Committee on Competition Law and Policy FOR DISCUSSION at its forthcoming meeting on 6-7 May 1999. English text only 77497 Document complet disponible sur OLIS dans son format d'origine Complete document available on OLIS in its original format DAFFE/CLP/WD(99)13 OVERVIEW OF THE APPLICATION OF THE US ANTITRUST LAWS TO OLIGOPOLY BEHAVIOR I. Introduction and Background 1. Since the passage of the Sherman Act in 1890 the United States has sought to minimize the welfare-reducing effects of oligopoly behavior. While early enforcement efforts under the Act focused on eradicating the formal cartels that were commonplace in American industry in the late 19th and early 20th centuries, enforcement officials have devoted considerable resources during the past 50 years toward uncovering and eliminating more covert forms of anticompetitive coordination (both express and tacit) as well as toward analyzing the potential effects of mergers in concentrated industries. The passage of the Federal Trade Commission and Clayton Acts in 1914 added significant dimensions to the enforcement scheme.
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  • Federal Trade Commission Volume Decision
    FEDERAL TRADE COMMISSION DECISIONS Findings, Opinions and Orders IN THE MATTER OF RUSSELL STOVER CANDIES, INC. FINAL ORDER, OPINION, ETC. , IN REGARD TO ALLEGED VIOLATION OF SEC. 5 OF THE FEDERAL TRADE COMMISSION ACT Docket 9140. Complaint, July 1980-Final Order, July , 1982 This order requires a Kansas City, Mo. manufacturer, seller and distributor of candy products to cease, among other things, entering into, maintaining, or enforcing any ageement, understanding or arrangement to fix resale prices for its products; suggesting resale prices, by any means, without clearly stating that they are merely suggested; and seeking information relating to recalcitrant retailers. The respondent is prohibited from terminating, sus pending or taking any other adverse action against retailers who fail to conform to company s suggested prices; and required to reinstate those retailers who had been terminated for non-conformance to designated prices. The order additionally requires respondent to pay for a survey to ascertain what percentage of its products is sold at manufacturer-designated prices, and to cease suggesting resale prices if that percentae exceeds 87. 4%. Appearances For the Commission: Eugene Kaplan, Jayma M. Meyer and Warren Josephson. For the respondent: Lawrence R. Brown and David Everson, Stinson, Mag Fizzell Kansas City, Mo. and Tom Franklin, in- house counsel, Kansas City, Mo. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act as amended, and by virtue of the authority vested in it by said Act the Federal Trade Commission, having reason to believe that Russell Stover Candies, Inc. , a corporation, hereinafter referred to as respondent, has violated the provisions of said Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the public interest, hereby issues its complaint stating its charges in that respect as follows: FEDERAL TRADE COMMISSION DECISIONS Initial Decision 100 F.
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  • The Implications of Algorithmic Pricing for Coordinated Effects Analysis and Price Discrimination Markets in Antitrust Enforceme
    ARTICLES Antitrust, Vol. 32, No. 1, Fall 2017. © 2017 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Algorithmic Collusion Some applications of antitrust law in the age of machines will The Implications of be familiar. For example, the Department of Justice recently prosecuted two e-commerce sellers for agreeing to align their Algorithmic Pricing for pricing algorithms to increase online prices for posters.2 In that case, United States v. Topkins, the humans reached an explicit agreement to use technology to fix prices. The appli- Coordinated Effects cation of antitrust law to that agreement was straightfor- ward. As algorithms and the software running them become Analysis and more sophisticated, however, coordinated behavior may become more common without explicit “instruction” by humans. Challenging conduct where the role of humans in Price Discrimination decision making is less clear may be more difficult under cur- rent law.3 For example, while express collusion is illegal, mere Markets in Antitrust conscious parallelism is not.4 Separating one from the other can prove difficult even when dealing with solely human decision making. Professor Salil Mehra suggests that the rise Enforcement of “robo-sellers” may make the task more difficult still: a number of current inquiries used to distinguish conscious BY TERRELL MCSWEENY AND BRIAN O’DEA parallelism from express collusion will be of limited use in the machine context.
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  • “Improving Health Care: a Dose of Competition” an Analysis of the FTC/DOJ Report
    “Improving Health Care: A Dose of Competition” An Analysis of the FTC/DOJ Report By Robert James Cimasi, ASA, CBA, AVA, FCBI, CM&A, CMP President HEALTH CAPITAL CONSULTANTS There is continuing debate over Certificate of Need (“CON”) health policy regulations in the various state legislatures. CON regulations require the establishment of need through an application process prior to a provider obtaining approval for the provision of new or expanded health facilities, services, and equipment. Thirty-six (36) states currently have some form of CON regulations for healthcare facilities. The crux of the argument over CON has traditionally appeared to center on whether it has been effective in reducing healthcare costs or has merely limited access to healthcare services by restricting competition and encouraging oligopoly control of markets. Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) Hearings on Health Care and Competition Law and Policy In November, 2002, FTC Chairman, Timothy J. Muris, announced that the FTC would hold joint hearings with the DOJ on competition in healthcare in 2003.1 On July 23, 2004, following the conclusion of the hearings lasting over six (6) months, the FTC and DOJ (“agencies”) issued a joint report on July 23, 2004, entitled “Improving Health Care: A Dose of Competition” in which the agencies recommended that states decrease barriers to entry into provider markets. The agencies encourage states to reconsider whether CON programs “best serve their citizens’ health care needs.”2 Following testimony
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  • 545095-00006.Pdf (100.94
    FEDERAL TRADE COMMISSION UNITED STATES DEPARTMENT OF JUSTICE/ ANTITRUST DIVISION HMG REVIEW PROJECT — COMMENT/ PROJECT No. P0929900 COMMENT SUBMITTED BY BROUILLETTTE & PARTNERS LLP The comment below is beingsubmitted byBrouillette & Partners LLPa boutique law firm located in Montréal, Québec, Canada founded by attorney and engineer Robert Brouillette. The firm offers legal services to start-up companies developing technology. (www.brouillette.ca.). The comment reflects our views, not those of any of our clients. Daniel Martin Bellemare, attorney at law, member of the Québec and Vermont Bar, has accepted to submit a comment on our behalf pro bono. Mr. Bellemare shares a business address with us. Our comment centers on two questions in the Commission’s Notice. Firstly, whether the Horizontal Merger Guidelines’ (“Guidelines”) five-step analytical process should be revised in order to provide more flexibility in reviewing mergers. Secondly, the weight that should be accorded non structural factors in merger analysis. These two questions are being addressed into a single comment. We are thankful to the Commission for having taken the initiative to seek public comment and for providing us with an opportunity to submit a comment on the advisability to revise the Guidelines. SUMMARY OF COMMENT A clarification should be brought to the Guidelines. For purposes of predictability and efficiency, the Guidelines should emphasize that the merger review process turns around three axes: (i) definition of the relevant market; (ii) increase in concentration within the relevant market; and, (iii) barriers to entry. The relevance of entry barriers in the merger review process must be -2­ reasserted, unequivocally, as the most important countervailing factor to post-merger market concentration increase.
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  • A Structured Outline for the Analysis of Horizontal Agreements
    A STRUCTURED OUTLINE FOR THE ANALYSIS OF HORIZONTAL AGREEMENTS by Thomas B. Leary* The antitrust principles applied to “horizontal” arrangements are difficult to summarize. The principles have evolved over an extended period of time and have been shaped by decisions that are often hard to reconcile. I do not claim that the structure outlined below is the only way to read cases or frame issues, but it is one that I believe is consistent with the most recent precedent and learning. I. Introduction An agreement between actual or potential competitors to restrain their rivalry in some respect is commonly called a “horizontal restraint.” This kind of agreement should be distinguished from so-called “vertical” restraints that govern the interface between supplier and customers (who may also be competitors in another capacity). The distinction is fundamental because horizontal and vertical restraints are analyzed in different ways.1 The most significant difference is that horizontal restraints are more likely to be deemed illegal per se and vertical restraints are more likely to be subject to the “rule of reason.” * Commissioner, Federal Trade Commission. This revision of a paper first presented a year ago has been prepared for distribution at The Conference Board 2004 Antitrust Conference (Mar. 3-4, 2004). I have benefitted from discussions with FTC Chairman Timothy Muris, General Counsel William Kovacic, and attorney advisors Thomas Klotz, Lisa Kopchik and Holly Vedova in the preparation of this outline, but it does not necessarily reflect their views or the views of anyone else in the Commission. 1 See, e.g., discussion in ABA SECTION OF ANTITRUST LAW, ANTITRUST LAW DEVELOPMENTS 79-82 (5th ed.
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  • Essential Facilities, Infrastructure, and Open Access*
    Working Draft for DOJ/FTC Hearings. Do Not Cite without Permission of Authors. Essential Facilities, Infrastructure, and Open Access* Brett Frischmann+ & Spencer Weber Waller++ I. INTRODUCTION There is a debate raging concerning the merits of private control over (or conversely, open access to) various types of resources. Treating something as private property grants the property holder the right to exclude others. Treating something as infrastructure or a commons conversely welcomes all users on a nondiscriminatory basis. The battle over which regime best serves society’s interests exists in numerous areas of the law including land use, intellectual property, regulated industries, antitrust, and most aspects of law and economics. It is currently in vogue to propertize, privatize, and deregulate legal regimes under a variety of rationales all connected with maximizing wealth, supporting price discrimination, promoting allocative efficiency, and internalizing externalities. In intellectual property law, these issues are most prominent in contemporary debates over * © 2006 Brett Frischmann & Spencer Waller. + Assistant Professor, Loyola University Chicago. Thanks to Michael Carrier, Michael Jacobs, Mark Lemley, Christopher Leslie, Frank Pasquale, Phil Weiser and Joshua Wright for their comments on earlier versions of this article. ++ Associate Dean for Faculty Research and Director, Institute for Consumer Antitrust Studies, Loyola University Chicago. Thanks to Lindsay Frank and Jackie Clisham for her research assistance with this project. 1 Working Draft for DOJ/FTC Hearings. Do Not Cite without Permission of Authors. the continued expansion of intellectual property rights.1 The conflict over access and exclusion is a central, persistent feature of intellectual property law. Those who create, invent, innovate, and participate in similar intellectually driven, productive activities often borrow from or share with others.
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  • Relationship Between Public and Private Antitrust Enforcement, Note by the United States Submitted to the OECD Competition Commi
    Unclassified DAF/COMP/WP3/WD(2015)11 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 09-Jun-2015 ___________________________________________________________________________________________ _____________ English - Or. English DIRECTORATE FOR FINANCIAL AND ENTERPRISE AFFAIRS COMPETITION COMMITTEE Unclassified DAF/COMP/WP3/WD(2015)11 Working Party No. 3 on Co-operation and Enforcement RELATIONSHIP BETWEEN PUBLIC AND PRIVATE ANTITRUST ENFORCEMENT -- United States -- 15 June 2015 This document reproduces a written contribution from the United States submitted for Item III of the 121st meeting of the Working Party No. 3 on Co-operation and Enforcement on 15 June 2015. More documents related to this discussion can be found at: http://www.oecd.org/daf/competition/antitrust- enforcement-in-competition.htm Please contact Ms. Naoko Teranishi if you have any questions regarding this document [phone number: +33 1 45 24 83 52 -- E-mail address: naoko.teranishi@oecd.org]. English JT03378179 Complete document available on OLIS in its original format - This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of Or. English international frontiers and boundaries and to the name of any territory, city or area. DAF/COMP/WP3/WD(2015)11 -- United States -- 1. The United States relies on a combination of federal, state,1 and private enforcers to combat anticompetitive conduct.2 The three enforcement groups play different, yet complementary, roles. Federal and state competition law enforcers have similar missions – to protect the public from the harms flowing from anticompetitive conduct. Federal enforcement seeks to protect the interests of all consumers across the nation or within interstate commerce, while state enforcers focus their efforts on the consumers in their respective states.
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