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Competition Matters

The when and what of active supervision

Debbie Feinstein and Geoffrey Green, Bureau of Competition
Earlier this year, the U.S. Supreme Court ruled that the North Carolina State Board of Dental Examiners violated the federal antitrust laws by preventing non-dentists from providing teeth whitening
Business Blog

Are you OK with the F-C-R-A?

Lesley Fair
The Fair Credit Reporting Act isn’t just about credit. If your company uses background checks in making personnel decisions, the FTC reminds you of your obligations under the FCRA. In honor of
Business Blog

Performing seals

Lesley Fair
You don’t need to go to a water park to see performing seals. You can spot them on websites where they perform the function of conveying information about the purported environmental benefits of
Business Blog

Mything the point: 6 (OK, maybe 7) myths about endorsements

Lesley Fair
If there’s a material connection between a marketer and an endorser, disclose it. That’s been the FTC standard for decades and it didn't change when marketing moved to social media. The FTC’s proposed
Business Blog

Why 603(y) doesn’t apply

Lesley Fair
Does your company use background checks in evaluating job applicants? If so, are you complying with the Fair Credit Reporting Act’s notice, consent, and disclosure requirements? A closing letter the
Business Blog

When buzz goes bad

Lesley Fair
It’s one thing to create buzz about a product. But fail to disclose a material connection between an endorser and an advertiser and that buzz can wind up stinging you. That’s the message of an FTC
Business Blog

Third Circuit rules in FTC v. Wyndham case

Lesley Fair
FTC watchers and data security mavens, it’s the decision you’ve been waiting for . The United States Court of Appeals for the Third Circuit has issued a ruling in the Commission’s favor in FTC v
Competition Matters

“Investment-only” means just that

Debbie Feinstein, Ken Libby, and Jennifer Lee, Bureau of Competition
Today, the Commission (with the help of our friends at the Justice Department) filed a proposed settlement in federal court to settle charges that three funds managed by Third Point violated the Hart
Business Blog

Trip the light? Fantastic.

Lesley Fair
It doesn’t take much to convince us we need something new for the shoe closet – and our vintage high-tops and periwinkle platforms stand as a silent testament to that. But an ultraviolet light
Business Blog

Candid answers to CAN-SPAM questions

Christopher Brown and Lesley Fair
The classic 40s movie An Email to Three Wives , the R&B hit Take an Email, Maria , and C.S. Lewis’ The Screwtape Emails . The titles would have been different if they had been written recently. Email
Competition Matters

A fine balance: toward efficient merger review

Debbie Feinstein, Bureau of Competition
One of the key functions of the Bureau of Competition is to analyze mergers. Obtaining information through Second Requests is an essential aspect of our review process for proposed acquisitions. Even
Competition Matters

HSR Rule 802.5: the Investment Rental Property Exemption

Premerger Notification Staff, Bureau of Competition
Every day, the PNO receives many inquiries for interpretations of the Hart-Scott-Rodino statute and rules. Recently, several questions have related to transactions involving rental property, which
Business Blog

Debt to rights

Lesley Fair
Record-breaking refund programs are usually cause for celebration. But the FTC’s largest-ever debt collection redress case offers sobering insights into the lengths some companies will go to illegally
Competition Matters

Monitors: Expert eyes and ears in Commission orders

Susan Huber, Bureau of Competition
The ability to appoint a monitor is an important tool in building a successful merger remedy. The boilerplate-style language FTC uses in merger orders when appointing a monitor belies the unique and
Business Blog

What’s on boomers’ minds?

Lesley Fair
Baby boomers are running scared and marketers are in hot pursuit. What strikes such fear? The specter of memory loss and cognitive impairment severe enough to turn you into “a prisoner” in your own
Business Blog

Vegas dealers called for deceptive claims

Lesley Fair
They say what happens in Vegas stays in Vegas. But here’s one thing that doesn’t belong in Vegas or anywhere else: ads that draw buyers in with eye-catching terms while burying the “gotchas” in fine
Business Blog

Running the risk

Lesley Fair
The online ads offer consumers a “risk-free trial” of skincare products from companies that claim to be accredited by the Better Business Bureau with an A- rating. How could that possibly be deceptive
Competition Matters

The not-so-big news about Big Data

Debbie Feinstein, Bureau of Competition
Everywhere these days, folks are talking about big data. (Apparently, even machines are talking amongst themselves using big data in an ecosystem called the Internet of Things.) Last week, Chairwoman
Business Blog

Don’t let crowdfunding be your “doom”

Lisa Weintraub Schifferle
Thinking about crowdfunding to raise money for your latest project? If so, you’ll want to pay attention to the FTC’s first crowdfunding case . The lesson: If you launch a crowdfunding campaign, keep