Skip to main content

Physician Group and Healthcare Facility Merger Study

Michael G. Vita, Deputy Director Research and Management, Bureau of Economics
On January 14, 2020, the Federal Trade Commission (FTC) ordered six insurance companies to provide information that will allow the agency to study the effects of consummated physician group and healthcare facility mergers that occurred from 2015 through 2020. The studies that the FTC’s Bureau of Economics (BE) will conduct with this data will add to BE’s already substantial body of research analyzing the competitive consequences of mergers via...

Asking for your insights into digital dark patterns

Lesley Fair
Have you marked your calendar for April 29, 2021, to attend Bringing Dark Patterns to Light: An FTC Workshop? The virtual event will examine digital “dark patterns,” potentially deceptive or unfair user interfaces on websites and mobile apps. In addition to your participation, the FTC is asking for research and public comments on topics related to the workshop. Consumers who have found unwanted items in their online shopping carts or who have had...

A look back at post hoc analysis

Lesley Fair
People who claim that hindsight is 20/20 probably weren’t talking about the post hoc evaluation of clinical testing. That’s an alleged flaw the FTC challenged in purported substantiation submitted by the marketers of Hepaxa and Hepaxa PD, fish oil products advertised as clinically proven to treat liver disease in adults and children. In addition to injunctive provisions, the proposed settlement includes a financial remedy of $416,914. According...

A word to landlords about eviction moratoriums

Lesley Fair
According to a recent CFPB report, the pandemic has left more than 8.8 million consumers behind on their rent. Tenants at risk of homelessness are disproportionately people of color, primarily Black and Hispanic families. Federal, state, and local governments, including the CDC, have put temporary holds on evictions for non-payment of rent – a measure proven to help stop the spread of COVID-19. If you work in the housing sector, you’ll want to...

Fighting discrimination in the credit marketplace

Lesley Fair
Equal access to credit based on non-discriminatory criteria is an essential component of economic opportunity and a fair marketplace. The Equal Credit Opportunity Act prohibits creditors from denying credit based on a host of discriminatory criteria, including race, religion, national origin, sex, marital status, age, etc. The FTC is one of the agencies authorized to enforce ECOA. The recent action against Bronx Honda – which the FTC says...

In hindsight: 2020

Carol Kando-Pineda, Staff Attorney, FTC
This time last year, we all were adjusting to a new normal. As the pandemic took hold, the FTC kicked into high gear on COVID-19-related issues, while continuing its work on other fronts, too. The just-announced 2020 Annual Highlights reflect important enforcement actions, policy initiatives, and outreach efforts undertaken in the past year. The agency sued companies that made deceptive claims and didn’t correct them, made sure that deceptive...

$50 million in refund checks for University of Phoenix students

Lesley Fair
“The check’s in the mail.” You’ve heard it before, but this time it’s true if you are one of the 147,000 University of Phoenix students who will be receiving payments totaling more than $50 million as a result of the FTC’s law enforcement action against the online school. In a 2019 lawsuit, the FTC alleged the University of Phoenix lured consumers in with ads that falsely touted – among other things – job opportunities for its students with...

Wait for it—a Waiting Period Letter confirms your HSR filing

the Premerger Notification Office Staff
Once you’ve submitted a Hart-Scott-Rodino filing to the FTC’s Premerger Notification Office, make sure you receive official confirmation that your filing has been received. We’ve compiled important tips on communications regarding the status of filings and the applicable waiting period. As most antitrust practitioners know, the HSR Act requires the parties to a reportable transaction to notify the FTC and our sister agency, the Department of...

Avoid mixed signals when advertising antennas

Lesley Fair
Many consumers experience sticker shock when they total up what they pay each month for television, add-on channels, satellite programming, streaming services, and the vast array of other content they buy. So it’s no surprise that people thinking about cutting the cord were drawn to claims by New York-based Wellco, Inc., and CEO George Moscone that the company’s TV antennas would let users cancel their cable service and still get all of their...

HSR Early Termination After a Second Request Issues

Maribeth Petrizzi and Heather M. Johnson
On February 4, 2021, the Federal Trade Commission, with the support of the Department of Justice, announced the temporary suspension of granting early termination (ET) under the Hart-Scott-Rodino Act and its implementing rules (HSR Act). This decision reflected a need to pause during the transition to a new administration combined with the unprecedented volume of HSR filings (HSR transactions for the month of February hit a 10-year high in 2021)...