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{{short description|United States government agency}}{{Use mdy dates|date=May 2018}}

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WEBSITE=CONGRESS, | chief1_name = Lina Khan| chief1_position = Chairpersonwww.ftc.gov/}}WEBSITE=BESTPLACESTOWORK.ORG, HTTP://WWW.FTC.GOV/FTC/HISTORY/FTCHISTORY.SHTM >TITLE=FEDERAL TRADE COMMISSION: A HISTORY DATE=JANUARY 18, 2012, August 14, 2012, }}The Federal Trade Commission (FTC) is an independent agency of the United States government whose principal mission is the enforcement of civil (non-criminal) antitrust law and the promotion of consumer protection. The FTC shares jurisdiction over federal civil antitrust law enforcement with the Department of Justice Antitrust Division. The agency is headquartered in the Federal Trade Commission Building in Washington, DC.The FTC was established in 1914 with the passage of the Federal Trade Commission Act, signed in response to the 19th-century monopolistic trust crisis. Since its inception, the FTC has enforced the provisions of the Clayton Act, a key antitrust statute, as well as the provisions of the FTC Act, {{UnitedStatesCode|15|41}} et seq. Over time, the FTC has been delegated with the enforcement of additional business regulation statutes and has promulgated a number of regulations (codified in Title 16 of the Code of Federal Regulations). The broad statutory authority granted to the FTC provides it with more surveillance and monitoring abilities than it actually uses.JOURNAL, Van Loo, Rory, 2019-10-01, The Missing Regulatory State: Monitoring Businesses in an Age of Surveillance,scholarship.law.bu.edu/faculty_scholarship/678, Vanderbilt Law Review, 72, 5, 1563, {{rp|571}}The FTC is composed of five commissioners, who each serve seven-year terms. Members of the commission are nominated by the President and subject to Senate confirmation, and no more than three FTC members can be of the same party. One member of the body serves as FTC Chair at the President’s pleasure, with Commissioner Lina Khan having served as chair since June 2021.WEB, June 7, 2013, Commissioners,www.ftc.gov/about-ftc/commissioners, live,web.archive.org/web/20210130193650/https://www.ftc.gov/about-ftc/commissioners, 2021-01-30, Federal Trade Commission,

History

Early history

Following the Supreme Court decisions against Standard Oil and American TobaccoJOURNAL, Fayne, James A., 1915, The Federal Trade Commission: The Development of the Law which led to its Establishment,www.cambridge.org/core/product/identifier/S000305540000945X/type/journal_article, American Political Science Review, en, 9, 1, 57–67, 10.2307/1945762, 1945762, 146939544, 0003-0554, in May 1911, the first version of a bill to establish a commission to regulate interstate trade was introduced on January 25, 1912, by Oklahoma congressman Dick Thompson Morgan. He would make the first speech on the House floor advocating its creation on February 21, 1912.Though the initial bill did not pass, the questions of trusts and antitrust dominated the 1912 election.A Brief History of the Federal Trade Commission, Federal Trade Commission, 90th Anniversary Symposium. Most political party platforms in 1912 endorsed the establishment of a federal trade commission with its regulatory powers placed in the hands of an administrative board, as an alternative to functions previously and necessarily exercised so slowly through the courts.www.presidency.ucsb.edu/ws/?pid=29633" title="web.archive.org/web/20140301021630www.presidency.ucsb.edu/ws/?pid=29633">Republican Party Platform of 1912, June 18, 1912; www.presidency.ucsb.edu/ws/?pid=29590" title="web.archive.org/web/20140301022828www.presidency.ucsb.edu/ws/?pid=29590">Democratic Party Platform of 1912, June 25, 1912; USCB.eduwww.pbs.org/wgbh/americanexperience/features/primary-resources/tr-progressive/" title="web.archive.org/web/20111117204056www.pbs.org/wgbh/americanexperience/features/primary-resources/tr-progressive/">Platform of the Progressive Party, August 7, 1912; PBS.With the 1912 presidential election decided in favor of the Democrats and Woodrow Wilson, Morgan reintroduced a slightly amended version of his bill during the April 1913 special session. The national debate culminated in Wilson’s signing of the FTC Act on September 26, 1914, with additional tightening of regulations in the Clayton Antitrust Act three weeks later.The new FTC would absorb the staff and duties of Bureau of Corporations, previously established under the Department of Commerce and Labor in 1903. The FTC could additionally challenge “unfair methods of competition” and enforce the Clayton Act’s more specific prohibitions against certain price discrimination, vertical arrangements, interlocking directorates, and stock acquisitions.

Recent history

In 1984,FTC Announces Results of Compliance Testing of Over 300 Funeral Homes in the Second Year of the Funeral Rule Offenders Program {{webarchive|url=https://web.archive.org/web/20070629013621www.ftc.gov/opa/1998/02/frop-97.shtm|date=June 29, 2007}}, Federal Trade Commission, February 25, 1998 the FTC began to regulate the funeral home industry in order to protect consumers from deceptive practices. The FTC Funeral Rule requires funeral homes to provide all customers (and potential customers) with a General Price List (GPL), specifically outlining goods and services in the funeral industry, as defined by the FTC, and a listing of their prices.WEB, October 24, 2008, Federal Trade Commission Funeral Rule - 16 CFR Part 453,www.ftc.gov/bcp/rulemaking/funeral/, dead,www.ftc.gov/bcp/rulemaking/funeral/," title="web.archive.org/web/20120724005703www.ftc.gov/bcp/rulemaking/funeral/,">web.archive.org/web/20120724005703www.ftc.gov/bcp/rulemaking/funeral/, July 24, 2012, August 14, 2012, Ftc.gov, By law, the GPL must be presented on request to all individuals, and no one is to be denied a written, retainable copy of the GPL. In 1996, the FTC instituted the Funeral Rule Offenders Program (FROP), under which “funeral homes make a voluntary payment to the U.S. Treasury or appropriate state fund for an amount less than what would likely be sought if the Commission authorized filing a lawsuit for civil penalties. In addition, the funeral homes participate in the NFDA compliance program, which includes a review of the price lists, on-site training of the staff, and follow-up testing and certification on compliance with the Funeral Rule.“In the mid-1990s, the FTC launched the fraud sweeps concept where the agency and its federal, state, and local partners filed simultaneous legal actions against multiple telemarketing fraud targets. The first sweeps operation was Project TelesweepWEB, July 18, 1995, Business Opportunity Scam “Epidemic”,www.ftc.gov/bcp/franchise/tsweep01.htm, dead,www.ftc.gov/bcp/franchise/tsweep01.htm," title="web.archive.org/web/20070310140931www.ftc.gov/bcp/franchise/tsweep01.htm,">web.archive.org/web/20070310140931www.ftc.gov/bcp/franchise/tsweep01.htm, March 10, 2007, August 14, 2012, Ftc.gov, in July 1995 which cracked down on 100 business opportunity scams.In the 2021 United States Supreme Court case, AMG Capital Management, LLC v. FTC, the Court found unanimously that the FTC did not have power under {{UnitedStatesCodeSub|15|53|b}} of the FTC Act, amended in 1973, to seek equitable relief in courts; it had the power to seek only injunctive relief.WEB, Hurley, Lawrence, April 22, 2021, U.S. Supreme Court curbs FTC’s power to recoup ill-gotten gains,www.reuters.com/business/finance/us-supreme-court-curbs-ftcs-power-recoup-ill-gotten-gains-2021-04-22/, Reuters, April 22, 2021,

Members of the Commission

{{See also|List of members of the Federal Trade Commission}}

Current members of the FTC

The commission is headed by five commissioners, who each serve seven-year terms. Commissioners are nominated by the president and confirmed by the Senate. No more than three commissioners can be of the same political party. In practice, this means that two commissioners are of the opposition party. However, three members of the FTC throughout its history have been without party affiliation, with the most recent independent, Pamela Jones Harbour, serving from 2003 to 2009.WEB, Independent commissioners have shaped key FTC decisions – FTCWatch,www.mlexwatch.com/articles/2697/print?section=ftcwatch, 2021-09-11, www.mlexwatch.com, {| class=“wikitable sortable” id=“senators“!Portrait!Name! colspan=“2” |Party!Prior experience!Education!Term began!{{nowrap|Term expires}}125px)!Lina Khan(Chair)Democratic Party (United States)>Democratic|Legal scholarWilliams College (Bachelor of Arts>BA)Yale Law School (JD)June 15, 2021}}September 26, 2024}}125px)!Rebecca SlaughterDemocratic Party (United States)>Democratic|Legal advisor to Senator Chuck Schumer|Yale University (BA)Yale Law School (JD)May 2, 2018}}September 26, 2029}}125px)!Alvaro BedoyaDemocratic Party (United States)>Democratic|Director of the Center on Privacy and Technology at the Georgetown University Law Center|Harvard College (BA)Yale Law School (JD)May 16, 2022}}September 26, 2026}}125px)!Melissa HolyoakRepublican Party (United States)>Republican|Solicitor general of Utah| University of Utah (BA)University of Utah Law School (JD)March 25, 2024}}September 26, 2025}}|!Andrew N. FergusonRepublican Party (United States)>Republican|Solicitor general of Virginia| University of Virginia (BA)University of Virginia School of Law (JD)April 2, 2024}}September 26, 2030}}Notes

• Shortly after the U.S. Senate confirmed Lina Khan as a commissioner, President Biden tapped her to serve as Chair of the commission.NEWS, Biden taps big tech critic Lina Khan to chair the Federal Trade Commission, en-US, Washington Post,www.washingtonpost.com/technology/2021/06/15/khan-ftc-confirmation-vote/, 2021-06-15, 0190-8286,
• The FTC Act allows commissioners to remain in their position after their term expires until a replacement has been appointed.

Backgrounds of commissioners

As of 2021, there have been:

• Three African-Americans to serve on the FTC: A. Leon Higginbotham Jr. (served from 1962 to 1964), Mozelle W. Thompson (served from 1997 to 2004), Pamela Jones Harbour (served from 2003 to 2009)WEB, LexisNexis, Breaking down barriers: Recruiting and promoting Black antitrust lawyers,mlexmarketinsight.com/news-hub/editors-picks/area-of-expertise/antitrust/breaking-down-barriers-recruiting-and-promoting-black-antitrust-lawyers, 2021-09-11, mlexmarketinsight.com, en,
• Three Asian-Americans to serve on the FTC: Dennis Yao (served from 1991 to 1994), Rohit Chopra (served from 2018 to 2021), and Lina Khan (served since 2021); Khan is the first Asian-American to serve as FTC ChairWEB, Birnbaum, Emily, What to watch at Lina Khan’s confirmation hearing,politi.co/3dDf6IY, 2021-09-11, POLITICO, April 21, 2021, en,
• Three independents to serve on the FTC: Philip Elman (served from 1961 to 1970), Mary Azcuenaga (served from 1984 to 1998), and Pamela Jones Harbour (served from 2003 to 2009)

Bureaus

(File:Scam Watch 1280x720.ogv|thumb|thumbtime=59|upright=1.1|How to File a Complaint with the Federal Trade Commission, from the FTC)

Bureau of Consumer Protection

The Bureau of Consumer Protection’s mandate is to protect consumers against unfair or deceptive acts or practices in commerce. With the written consent of the commission, Bureau attorneys enforce federal laws related to consumer affairs and rules promulgated by the FTC. Its functions include investigations, enforcement actions, and consumer and business education. Areas of principal concern for this bureau are: advertising and marketing, financial products and practices, telemarketing fraud, privacy and identity protection, etc. The bureau also is responsible for the United States National Do Not Call Registry.Under the FTC Act, the commission has the authority, in most cases, to bring its actions in federal court through its own attorneys. In some consumer protection matters, the FTC appears with, or supports, the U.S. Department of Justice.

Bureau of Competition

The Bureau of Competition is the division of the FTC charged with elimination and prevention of “anticompetitive” business practices. It accomplishes this through the enforcement of antitrust laws, review of proposed mergers, and investigation into other non-merger business practices that may impair competition. Such non-merger practices include horizontal restraints, involving agreements between direct competitors, and vertical restraints, involving agreements among businesses at different levels in the same industry (such as suppliers and commercial buyers).File:The_Apex_Building,_headquarters_of_the_Federal_Trade_Commission,_on_Constitution_Avenue_and_7th_Streets_in_Washington,_D.C.jpg|thumb|Apex Building, built in 1938 (FTC headquarters) in Washington, DC ]]The FTC shares enforcement of antitrust laws with the Department of Justice. However, while the FTC is responsible for civil enforcement of antitrust laws, the Antitrust Division of the Department of Justice has the power to bring both civil and criminal action in antitrust matters.

Bureau of Economics

The Bureau of Economics was established to support the Bureau of Competition and Consumer Protection by providing expert knowledge related to the economic impacts of the FTC’s legislation and operation.

Other bureaus

• The FTC maintains an Office of Technology Research and Investigation to assist it in technology-related enforcement actions.WEB, 2015-08-05, Office of Technology Research and Investigation,www.ftc.gov/about-ftc/bureaus-offices/bureau-consumer-protection/office-technology-research-investigation, 2020-11-28, Federal Trade Commission, en,
• The FTC generally selects its Chief Technologist from among computer science academics and noted practitioners.WEB, 2018-05-01, FTC Chief Technologists,www.ftc.gov/about-ftc/biographies/ftc-chief-technologist, 2020-11-28, Federal Trade Commission, en, The role has previously been filled by Steven K. Bellovin, Lorrie Cranor, Edward Felten, Ashkan Soltani, and Latanya Sweeney.
• The FTC also maintains an academic in residence program, inviting leading legal scholars to join the FTC for a year as a Senior Policy Advisor. The role has been held by Tim Wu in 2011,WEB, Professor Tim Wu Named Advisor to Federal Trade Commission on Consumer Protection, Competition,www.law.columbia.edu/news/archive/professor-tim-wu-named-advisor-federal-trade-commission-consumer-protection-competition, 2020-11-28, law.columbia.edu, en, Paul Ohm in 2012,WEB, 2012-05-21, Professor Paul Ohm Named Advisor to Federal Trade Commission,www.colorado.edu/law/2012/05/21/professor-paul-ohm-named-advisor-federal-trade-commission, 2020-11-28, Colorado Law, en, and Andrea M. Matwyshyn in 2014.WEB, 2013-11-18, FTC Names Latanya Sweeney as Chief Technologist; Andrea Matwyshyn as Policy Advisor,www.ftc.gov/news-events/press-releases/2013/11/ftc-names-latanya-sweeney-chief-technologist-andrea-matwyshyn, 2020-11-28, Federal Trade Commission, en,

Activities

{{Competition law}}The FTC investigates issues raised by reports from consumers and businesses, pre-merger notification filings, congressional inquiries, or reports in the media. These issues include, for instance, false advertising and other forms of fraud. FTC investigations may pertain to a single company or an entire industry. If the results of the investigation reveal unlawful conduct, the FTC may seek voluntary compliance by the offending business through a consent order, file an administrative complaint, or initiate federal litigation. During the course of regulatory activities, the FTC is authorized to collect records, but not on-site inspections.JOURNAL, Van Loo, Rory, 2018-08-01, Regulatory Monitors: Policing Firms in the Compliance Era,scholarship.law.bu.edu/faculty_scholarship/265, Faculty Scholarship, 119, 2, 369, {{rp|23}}Traditionally an administrative complaint is heard in front of an independent administrative law judge (ALJ) with FTC staff acting as prosecutors. The case is reviewed de novo by the full FTC commission which then may be appealed to the U.S. Court of Appeals and finally to the Supreme Court.Under the FTC Act, the federal courts retain their traditional authority to issue equitable relief, including the appointment of receivers, monitors, the imposition of asset freezes to guard against the spoliation of funds, immediate access to business premises to preserve evidence, and other relief including financial disclosures and expedited discovery. In numerous cases, the FTC employs this authority to combat serious consumer deception or fraud. Additionally, the FTC has rulemaking power to address concerns regarding industry-wide practices. Rules promulgated under this authority are known as Trade Rules.One of the Federal Trade Commission’s other major focuses is identity theft. The FTC serves as a federal repository for individual consumer complaints regarding identity theft. Even though the FTC does not resolve individual complaints, it does use the aggregated information to determine where federal action might be taken. The complaint form is available online or by phone (1-877-ID-THEFT).The FTC has been involved in the oversight of the online advertising industry and its practice of behavioral targeting for some time. In 2011 the FTC proposed a “Do Not Track” mechanism to allow Internet users to opt-out of behavioral targeting.The FTC, along with the Environmental Protection Agency and Department of Justice also empowers third-party enforcer-firms to engage in some regulatory oversight, e.g. the FTC requires other energy companies to audit offshore oil platform operators.JOURNAL, Van Loo, Rory, 2020-04-01, The New Gatekeepers: Private Firms as Public Enforcers,scholarship.law.bu.edu/faculty_scholarship/800, Virginia Law Review, 106, 2, 467, {{rp|4}}In 2013, the FTC issued a comprehensive revision of its Green guides, which set forth standards for environmental marketing.WEB,www.ftc.gov/opa/2012/10/greenguides.shtm, FTC Issues Revised “Green Guides”, October 1, 2012, October 24, 2013,

Unfair or deceptive practices affecting consumers

(File:EndorsementGuides 0.webm|thumb|thumbtime=2:28|upright=1.1|Endorsement Guides from the FTC)Section 5 of the Federal Trade Commission Act, {{UnitedStatesCode|15|45}} grants the FTC power to investigate and prevent deceptive trade practices. The statute declares that “unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.“{{UnitedStatesCode|15|45(a)(1)}}Unfairness and deception towards consumers represent two distinct areas of FTC enforcement and authority. The FTC also has authority over unfair methods of competition between businesses.WEB,www.ftc.gov/bcp/policystmt/ad-unfair.htm, FTC Policy Statement on Unfairness, Dec. 17, 1980, Ftc.gov, August 14, 2012,

Definitions of unfairness

Courts have identified three main factors that must be considered in consumer unfairness cases: (1) whether the practice injures consumers; (2) whether the practice violates established public policy; and (3) whether it is unethical or unscrupulous.

Definitions of deception

In a letter to the Chairman of the House Committee on Energy and Commerce, the FTC defined the elements of deception cases. First, “there must be a representation, omission or practice that is likely to mislead the consumer.“WEB, FTC Policy Statement on Deception, Oct. 14, 1983,www.ftc.gov/bcp/policystmt/ad-decept.htm, August 14, 2012, Ftc.gov, In the case of omissions, the Commission considers the implied representations understood by the consumer.A misleading omission occurs when information is not disclosed to correct reasonable consumer expectations. Second, the Commission examines the practice from the perspective of a reasonable consumer being targeted by the practice. Finally the representation or omission must be a material one—that is one that would have changed consumer behavior.(File:Federal Trade Commission Entrance Doorway.jpg|thumb|Federal Trade Commission entrance doorway in Washington, DC)

Dot Com Disclosures guide

In its Dot Com Disclosures guide,WEB,www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf, .com Disclosures: How to Make Effective Disclosures in Digital Advertising, March 2013, FTC, January 19, 2016, the FTC said that “disclosures that are required to prevent deception or to provide consumers material information about a transaction must be presented clearly and conspicuously.” The FTC suggested a number of different factors that would help determine whether the information was “clear and conspicuous” including but not limited to:

• the placement of the disclosure in an advertisement and its proximity to the claim it is qualifying,
• the prominence of the disclosure,
• whether items in other parts of the advertisement distract attention from the disclosure,
• whether the advertisement is so lengthy that the disclosure needs to be repeated,
• whether disclosures in audio messages are presented in an adequate volume and cadence and visual disclosures appear for a sufficient duration, and
• whether the language of the disclosure is understandable to the intended audience.

However, the “key is the overall net impression.”

Notable recent cases

{{update section|date=December 2022|reason=Does not encompass the most high-profile recent cases}}

Microsoft Case

In 2023, the FTC authorized an administrative complaint against the merger between Microsoft and Activision Blizzard, Inc. The FTC alleged the deal would suppress competitors from accessing future content/games developed by Activision once the deal goes through. The FTC dropped its lawsuit on July 20, 2023.

Cyberspace.com case

In F.T.C. v. Cyberspace.comWEB,openjurist.org/453/f3d/1196/federal-trade-commission-v-cyberspacecom-llc, 453 F.3d 1196 (9th Cir. 2006), Openjurist.org, August 14, 2012, the FTC found that sending consumers mail that appeared to be a check for $3.50 to the consumer attached to an invoice was deceptive when cashing the check constituted an agreement to pay a monthly fee for internet access. The back of the check, in fine print, disclosed the existence of this agreement to the consumer. The FTC concluded that the practice was misleading to reasonable consumers, especially since there was evidence that less than one percent of the 225,000 individuals and businesses billed for the internet service actually logged on.

Gateway Learning case

In In re Gateway Learning Corp. the FTC alleged that Gateway committed unfair and deceptive trade practices by making retroactive changes to its privacy policy without informing customers and by violating its own privacy policy by selling customer information when it had said it would not.WEB, Complaint,www.ftc.gov/os/caselist/0423047/040707cmp0423047.pdf, dead,www.ftc.gov/os/caselist/0423047/040707cmp0423047.pdf," title="web.archive.org/web/20041023221034www.ftc.gov/os/caselist/0423047/040707cmp0423047.pdf,">web.archive.org/web/20041023221034www.ftc.gov/os/caselist/0423047/040707cmp0423047.pdf, October 23, 2004, August 14, 2012, Gateway settled the complaint by entering into a consent decree with the FTC that required it to surrender some profits and placed restrictions upon Gateway for the following 20 years.WEB, Gateway Decision and Order, Sept. 2004,www.ftc.gov/os/caselist/0423047/040917do0423047.pdf, dead,www.ftc.gov/os/caselist/0423047/040917do0423047.pdf," title="web.archive.org/web/20041023221102www.ftc.gov/os/caselist/0423047/040917do0423047.pdf,">web.archive.org/web/20041023221102www.ftc.gov/os/caselist/0423047/040917do0423047.pdf, October 23, 2004, August 14, 2012,

Sears Holdings case

In In the Matter of Sears Holdings Management Corp., the FTC alleged that a research software program provided by Sears was deceptive because it collected information about nearly all online behavior, a fact that was only disclosed in legalese, buried within the end user license agreement.WEB, Sears Complaint,www.ftc.gov/os/caselist/0823099/090604searscomplaint.pdf, dead,www.ftc.gov/os/caselist/0823099/090604searscomplaint.pdf," title="web.archive.org/web/20090605203428www.ftc.gov/os/caselist/0823099/090604searscomplaint.pdf,">web.archive.org/web/20090605203428www.ftc.gov/os/caselist/0823099/090604searscomplaint.pdf, June 5, 2009, August 14, 2012,

Loot boxes in computer and video games as gambling

In November 2018 by request of US Senator Maggie Hassan, the FTC decided to investigate whether paid-for loot boxes, virtual items with random benefits in certain video games, were a form of gambling.WEB,www.businessinsider.com/ftc-investigates-video-game-loot-boxes-kids-gambling-connection-2018-11, The FTC will investigate whether a multi-billion dollar business model is getting kids hooked on gambling through video games, Webb, Kevin, Business Insider, 2019-02-13, WEB,techraptor.net/content/ftc-will-investigate-loot-boxes-us-senator-claims-close-link-to-gambling, FTC Will Investigate Loot Boxes, US Senator Claims “Close Link” To Gambling, 2018-11-28, Gaming News, Reviews, and Articles - TechRaptor.net, en-US, 2019-02-13, WEB,www.tomshardware.com/news/ftc-agrees-investigate-loot-boxes,38165.html, The FTC Finally Agreed to Investigate Loot Boxes, 2018-11-28, Tom’s Hardware, en, 2019-02-13, WEB,www.nbcnews.com/tech/tech-news/loot-boxes-gambling-video-games-ftc-look-it-n941256, Video game ‘loot boxes’ net big money — and some say create child gamblers, NBC News, November 28, 2018, en, 2019-02-13,

Money Now Funding / Cash4Businesses case

In September 2013, a federal court closed an elusive business opportunity scheme on the request of the FTC, namely “Money Now Funding“/“Cash4Businesses”.WEB,www.ftc.gov/news-events/press-releases/2013/09/ftc-halts-elusive-business-opportunity-scheme, FTC Halts Elusive Business Opportunity Scheme, 2013-09-26, Federal Trade Commission, en, 2019-02-08, The FTC alleged that the defendants misrepresented potential earnings, violated the National Do Not Call Register, and violated the FTC’s Business Opportunity Rule in preventing a fair consumer evaluation of the business.WEB,www.ftc.gov/sites/default/files/documents/cases/130926rosemarketingpi-hobbs.pdf, Case 2:13-cv-01583-ROS Document 95 Filed 09/13/13, FTC, This was one of the first definitive actions taken by any regulator against a company engaging in transaction laundering, where almost US$6 million were processed illicitly.WEB,www.paymentscardsandmobile.com/what-is-transaction-laundering-and-what-is-the-industry-doing-about-it/, What is transaction laundering and what is the Industry doing about it?, 2018-03-15, Payments Cards & Mobile, en, 2019-02-08, WEB,evercompliant.com/ftc-targets-transaction-laundering-in-landmark-lawsuit/, FTC Targets Transaction Laundering In Landmark Lawsuit, 2017-09-13, EverCompliant, en-US, 2019-02-08, February 9, 2019,evercompliant.com/ftc-targets-transaction-laundering-in-landmark-lawsuit/," title="web.archive.org/web/20190209180130evercompliant.com/ftc-targets-transaction-laundering-in-landmark-lawsuit/,">web.archive.org/web/20190209180130evercompliant.com/ftc-targets-transaction-laundering-in-landmark-lawsuit/, dead, In December 2018, two defendants, Nikolas Mihilli and Dynasty Merchants, LLC, settled with the FTC.WEB,www.ftc.gov/news-events/press-releases/2018/12/two-defendants-settle-allegations-money-now-funding-credit-card, Two Defendants Settle Allegations in ‘Money Now Funding’ Credit Card Charge Laundering Scheme, 2018-12-10, Federal Trade Commission, en, 2019-02-08, They were banned from processing credit card transactions, though the initial monetary judgment of $5.8 million was suspended due to the defendants’ inability to pay.

OMICS Publishing Group case

In 2016, the FTC launched action against the academic journal publisher OMICS Publishing Group for producing predatory journals and organizing predatory conferences.NEWS, FTC sues OMICS group: Are predatory publishers’ days numbered?,www.statnews.com/2016/09/02/predatory-publishers/, STAT News, September 2, 2016, October 22, 2016, This action, partly in response to ongoing pressure from the academic community,NEWS, Federal Trade Commission begins to crack down on ‘predatory’ publishers,www.insidehighered.com/news/2016/08/29/federal-trade-commission-begins-crack-down-predatory-publishers, August 29, 2016, Carl, Straumsheim, October 22, 2016, Inside Higher Ed, is the first action taken by the FTC against an academic journal publisher.WEB, OMICS Group Inc.,www.ftc.gov/enforcement/cases-proceedings/152-3113/federal-trade-commission-v-omics-group-inc, Federal Trade Commission, 15 January 2019, 1 May 2018, The complaint alleges that the defendants have been “deceiving academics and researchers about the nature of its publications and hiding publication fees ranging from hundreds to thousands of dollars”.WEB, Shonka, David C., Rusu, Ioana, Ashe, Gregory A., Bogden, Daniel G., Daniel Bogden, Welsh, Blaine T., Case No. 2:16-cv-02022 – Complaint for Permanent Injunction and Other Equitable Relief, August 25, 2016, October 22, 2016,www.ftc.gov/system/files/documents/cases/160826omicscmpt.pdf, Case 2:16-cv-02022, Federal Trade Commission, It additionally notes that “OMICS regularly advertises conferences featuring academic experts who were never scheduled to appear in order to attract registrants” and that attendees “spend hundreds or thousands of dollars on registration fees and travel costs to attend these scientific conferences.” Manuscripts are also sometimes held hostage, with OMICS refusing to allow submissions to be withdrawn and thereby preventing resubmission to another journal for consideration.WEB, U.S. government agency sues publisher, charging it with deceiving researchers,retractionwatch.com/2016/08/26/u-s-government-group-sues-publisher-charging-it-with-deceiving-researchers/, August 26, 2016, November 2, 2016, Retraction Watch, Alison, McCook, Library scientist Jeffrey Beall has described OMICS as among the most egregious of predatory publishers.WEB,www.ithenticate.com/plagiarism-detection-blog/federal-trade-commission-targeting-predatory-publishers, Federal Trade Commission Targeting Predatory Publishers, Jonathan, Bailey, September 12, 2016, November 2, 2016, iThenticate – Plagiarism Blog, In November 2017, a federal court in the Court for the District of Nevada granted a preliminary injunction that: “prohibits the defendants from making misrepresentations regarding their academic journals and conferences, including that specific persons are editors of their journals or have agreed to participate in their conferences. It also prohibits the defendants from falsely representing that their journals engage in peer review, that their journals are included in any academic journal indexing service, or any measurement of the extent to which their journals are cited. It also requires that the defendants clearly and conspicuously disclose all costs associated with submitting or publishing articles in their journals.“WEB, FTC Halts the Deceptive Practices of Academic Journal Publishers,www.ftc.gov/news-events/press-releases/2017/11/ftc-halts-deceptive-practices-academic-journal-publishers, Federal Trade Commission, 15 January 2019, 22 November 2017,

Activities in the healthcare industry

In addition to prospective analysis of the effects of mergers and acquisitions, the FTC has recently resorted to retrospective analysis and monitoring of consolidated hospitals.WEB,www.dhgllp.com/res_pubs/hospital-mergers-and-acquisitions.pdf, DHG Healthcare, What hospital executives should be considering in mergers and acquisitions, November 16, 2014,www2.dhgllp.com/res_pubs/hospital-mergers-and-acquisitions.pdf," title="web.archive.org/web/20170124010441www2.dhgllp.com/res_pubs/hospital-mergers-and-acquisitions.pdf,">web.archive.org/web/20170124010441www2.dhgllp.com/res_pubs/hospital-mergers-and-acquisitions.pdf, January 24, 2017, dead, Thus, it also uses retroactive data to demonstrate that some hospital mergers and acquisitions are hurting consumers, particularly in terms of higher prices. Here are some recent examples of the FTC’s success in blocking or unwinding of hospital consolidations or affiliations:

Phoebe Putney Memorial Hospital and Palmyra Medical Center in Georgia

In 2011, the FTC successfully challenged in court the $195 million acquisition of Palmyra Medical Center by Phoebe Putney Memorial Hospital.WEB,www.ftc.gov/enforcement/cases-proceedings/111-0067/phoebe-putney-health-system-inc-phoebe-putney-memorial, Federal Trade Commission, In the Matter of Phoebe Putney Health System, Inc., Phoebe Putney Memorial Hospital, Inc., Phoebe North, Inc., HCA Inc., Palmyra Park Hospital, Inc., and Hospital Authority of Albany-Dougherty County, April 20, 2011, November 16, 2014, The FTC alleged that the transaction would create a monopoly as it would “reduce competition significantly and allow the combined Phoebe/Palmyra to raise prices for general acute-care hospital services charged to commercial health plans, substantially harming patients and local employers and employees”. The Supreme Court on February 19, 2013, ruled in favor of the FTC.

ProMedica health system and St. Luke’s hospital in Ohio

Similarly, court attempts by ProMedica health system in Ohio to overturn an order by the FTC to the company to unwind its 2010 acquisition of St. Luke’s hospital were unsuccessful.WEB,www.ftc.gov/news-events/press-releases/2012/01/administrative-law-judge-upholds-ftcs-complaint-against-ohio, Federal Trade Commission, Administrative Law Judge Upholds FTC’s Complaint Against Ohio Hospital Deal, Orders ProMedica to Divest St. Luke’s Hospital, January 5, 2012, November 16, 2014, The FTC claimed that the acquisition would hurt consumers through higher premiums because insurance companies would be required to pay more. In December 2011, an administrative judge upheld the FTC’s decision, noting that the behavior of ProMedica health system and St. Luke’s was indeed anticompetitive. The court ordered ProMedica to divest St. Luke’s to a buyer that would be approved by the FTC within 180 days of the date of the order.

OSF healthcare system and Rockford Health System in Illinois

In November 2011, the FTC filed a lawsuit alleging that the proposed acquisition of Rockford by OSF would drive up prices for general acute-care inpatient services as OSF would face only one competitor (SwedishAmerican health system) in the Rockford area and would have a market share of 64%.WEB,www.ftc.gov/news-events/press-releases/2012/04/osf-healthcare-system-abandons-plan-buy-rockford-light-ftc, OSF Healthcare System Abandons Plans to Buy Rockford in Light of FTC Lawsuit; FTC Dismisses its Complaint Seeking to Block the Transaction, Federal Trade Commission, April 13, 2012, November 16, 2014, Later in 2012, OSF announced that it had abandoned its plans to acquire Rockford Health System.

See also

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• Business opportunity
• Children’s Online Privacy Protection Act
• Competition policy
• Competition regulator
• Consumer Financial Protection Bureau
• Consumer Product Safety Commission
• Federal Trade Commission Act
• Fair Debt Collection Practices Act
• Federal Antimonopoly Service, Russian equivalent
• Franchising
• FTC Fair Information Practices
• FTC regulation of behavioral advertising
• Gramm–Leach–Bliley Act
• Humphrey’s Executor v. United States
• In the Matter of Sears Holdings Management Corporation
• Information broker
• List of members of the Federal Trade Commission
• Sweepstakes
• United States v. Google Inc.

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References

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• JOURNAL, Marc, Winerman, The Origins of the FTC: Concentration, Cooperation, Control, and Competition, Antitrust Law Journal, 71, 1, 2003, 1–98,

Further reading

• JOURNAL, Davis, G. Cullom, 1962, The Transformation of the Federal Trade Commission, 1914–1929, The Mississippi Valley Historical Review, 49, 3, 437–455, 1902564, 10.2307/1902564,
• JOURNAL, MacIntyre, A. Everette, Volhard, Joachim J., 1970, The Federal Trade Commission,lawdigitalcommons.bc.edu/bclr/vol11/iss4/6/, Boston College Law Review, 11, 4, 723–783,
• JOURNAL, MacLean, Elizabeth Kimball, July 2007, Joseph E. Davies: The Wisconsin Idea and the Origins of the Federal Trade Commission, Journal of the Gilded Age and Progressive Era, 6, 3, 248–284, 10.1017/S1537781400002097, 161773580,

External links

{{EB1922 Poster}}{{Commons category|Federal Trade Commission}}

• {{official websitewww.ftc.gov/}}
• Report fraud website of the FTC
• Federal Trade Commission in the Federal Register
• 16 CFR Chapter I of the Code of Federal Regulations from the LII
• 16 CFR Chapter I of the Code of Federal Regulations from the OFR
• FTC Decisions volumes 1-128 archive from HathiTrust
• Federal Trade Commission on USAspending.gov

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