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The Federal Trade Commission Actively Enforces Antitrust Law
The Federal Trade Commission actively enforces antitrust laws to organizations within the
healthcare field, including to Physician Hospital Organizations (PHOs). A PHO is a vehicle that
enables hospitals and physicians to work cooperatively toward accomplishing several objectives
(Physician, 2015). According to Susan Creighton (2004), competitive issues among PHOs can occur
when a PHO acts as a contracting arrangement for a network of healthcare providers. The network
can consist of groups of physicians, one hospital or several, and also some other entities that offer a
bundle of healthcare services to insurance companies and other payors (Creighton, 2004). The FTC
states that the core antitrust law principle is that it is illegal for competitors to agree on prices they
will charge, except where they come together and integrate in a legitimate joint venture that results
in efficiencies or other precompetitive benefits that outweigh the restriction of competition
(Creighton, 2004). Agreements that violate the antitrust law can be determined as per se illegal. Per
se illegal means that activities, such as horizontal price fixing, or group boycotts, have been
conclusively presumed to restrain competition unreasonably even without a study of the market that
they occurred in, or an analysis of their actual effect on competition, or their purpose (Burke, et al.,
2009). South Georgia Health Partners are an example of a PHO that was charged by the commission
on a per se illegal
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Federal Trade Commission Research Paper
Federal Trade Commission The Federal Trade Commission was founded by Woodrow Wilson the
twenty–eight president of the United States and it was established in September 26, 1914 in
Washington D. C. The seal for the Federal Trade Commission was adopted in 1915 and designed by
Tiffany and Company. The seal symbolizes many of the values and promote the agency mission.
The winged flywheel represents progress and reflects the commitment to protect consumer interests
in a world of involving technology. The shield represents the role in defending American consumer
interests. And it protects the benefits of robust competition and fighting harm to consumers from
unfair deceptive practices. The scales are the traditional of emblem of justice ... Show more content
on Helpwriting.net ...
Consumer protection laws are federal and state statues governing sales and credit practices
involving consumer goods. Consumer Product Safety Commission, Unfair or Deceptive Trade
Practices, Truth in Lending Act, Fair Debt Collection Practices Act, Warranties and Consumer
Remedies are laws that were establish to give the consumer a fair shake at buying or borrowing
money. Goods that were purchase or service for personal use were presumed fair that buyers and
sellers would bargained for equal positions. The consumer protection is a law that has to contribute
to safety, protecting the health of consumers and the economic interest of consumers. Local trade
practices consider unfair or deceptive may fall with Federal Trade Commission laws and regulations
and have an effect on interstate commerce. Federal and state laws governing sales, credit financing
and reporting, product quality, leases, sales practices, debt collection and other aspects of consumer
transactions may be regulated as deceptive trade practices. Consumers are protected by several types
of agencies and statues that are enforced by state and federal laws. Today many of consumer
protection issues are involve with the
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Treating Information Privacy Flaws Of The Federal Trade...
TREATING INFORMATION PRIVACY DEFICIENCIES IN CYBERSPACE
Introduction
Scholars are divided on the fundamental question of the Federal Trade Commission's (FTC)
adjudicative capacity under the FTC Act. The FTC uses a reasonableness standard and considers
each company's data security practices on a case–by–case basis. For more than a decade, the FTC's
enforcement of data security actions invoked under §5 of the Federal Trade Commission Act (FTC
Act) resulted in consent decrees and settlements, subsequently scrutinized by practitioners as
carrying as much precedential value as judicial opinions.
In 2015, the Third Circuit Court Appeals' decision in Wyndham reinforced the FTC's authority to
pursue enforcement actions against companies that do not have reasonable data security practices.
Notwithstanding a motion to dismiss arguing that, inter alia, (1) the FTC lacks authority to regulate
under §5 of the FTC Act and (2) the FTC failed to provide fair notice and of what constitutes
reasonable data security standards and (3) §5 does not govern the security of payment card data;
Wyndham marked the first time federal courts held that the FTC has authority under §5 of the FTC
Act to enforce data security practices.
Equipped with Wyndham, the FTC's guidelines in providing information about what acts constitutes
unfair or deceptive practices carry more precedential force than ever before. Essentially, the Circuit
Court of Appeals' holding in Wyndham affirms the FTC's discretion to
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Federal Trade Commission Cigarette Report
In 2014, 24.6% of high school students reported that they used some type of tobacco product in the
past 30 days ('National Youth Tobacco Survey'). There are several factors that influence youth to
begin using tobacco. Although it is clear that peer pressure can initiate smoking, multiple studies
find that tobacco marketing causes an increase in youth tobacco use.
The single most important issue is promotion and advertising. In 2012 the tobacco industry spent 26
million dollars a day in marketing and advertising alone (Federal Trade Commission Cigarette
Report). Tobacco companies exploit the vulnerability of teenagers. Through their advertising,
tobacco companies create a image about their consumers. As is the case with all advertising, a
substantial ... Show more content on Helpwriting.net ...
One advertisement suggests that women should "reach for a cigarette instead of a sweet" (Audrain–
McGovern, J, and NL Benowitz). A study conducted by Fulkerson JA, found that "Adolescents,
especially girls, report starting to smoke and continuing with the habit for purposes of weight
control and weight loss". Smoking is often thought as a way to control appetite and weight.
Researchers Wee CC, Rigotti NA, Davis RB, Phillips RS from Harvard University found that
"Young adults who are trying to lose weight are 40% more likely to start smoking cigarettes".
Although smoking may cause weight loss, after quitting "...smoking, typically gain seven to
nineteen pounds" (81). Tobacco companies market their product as a tool to weight lose, when in
actuality smoking can cause weight
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Anti-Trust Practices and Market Power Essay
Title page
FTC's Google Antitrust Investigation
ABC XYZ abcxyz@abcxyz.com Content
Abstract........................................................................................... 2
Introduction....................................................................................... 2
Is search giant Google too dominant? ........................................................ 3
Effect of monopoly and oligopoly on Society ............................................... 4
Conclusion.......................................................................................... 4
References.......................................................................................... 4
FTC's Google Antitrust Investigation
Abstract
Antitrust Policy consists of laws and government actions designed to prevent monopoly and
promote competition. On June 23, 2011, the U.S. Federal Trade Commission initiated an antitrust
probe into Google, the world's largest search engine. FTC's investigation entailed a broad ... Show
more content on Helpwriting.net ...
(Macconnell, Brue, & Flynn, 2012)
Four particular pieces of federal legislation, as refined and extended by various amendments,
constitute the basic law relating to monopoly structure and conduct. * Sherman Act of 1980 *
Clayton Act of 1914 * Federal Trade Commission Act of 1914 * Celler–Kefauver Act of 1950
Is search giant Google too dominant?
One the recent major cases, that the U.S. Federal Trade Commission investigated for antitrust was
Google Inc. Google handles more than two thirds of all web searches in the U.S. and has captured
around 75% of the lucrative search–advertising market, according to eMarketer Inc. and other
research firms. (Efrati & Kendall, 2013) Google increasingly has posted links in search results
that steer users to its own specialized sites, such as its business listings, travel–search site or
shopping–search site. Detractors including business–review site Yelp Inc. and travel sites
TripAdvisor Inc. and Expedia Inc. alleged that Google was hogging more and more Web traffic for
itself in a bid to snag more online–advertising dollars. Yelp and others also complained that Google
took content from their sites in order to populate Google's business–listings pages and other
specialized sites. On June 23, 2011, the U.S. Federal Trade Commission initiated an antitrust probe
into Google and after nearly twenty months of investigation, the federal government announced on
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The Impact Of Advertising Campaigns In Advertising
In this paper, I will analyze the ethical challenge that represents misleading people's choices through
manipulative advertisements campaigns. I will focus on one specific case, the Nivea–Slim Complex
cream, which was charged by the Federal Trade Commission of the United States with a fine of
$900,000. The claimed of Nivea's Marketers was that women would lose weight only by using the
cream. This deceptive claim was taken and overseen by the Trade Commission ending with legal
consequences against Nivea. Nivea's misleading advertisement campaign represents an ethical
challenge because it is clearly lying to consumers in order to increase their sales. On the other hand,
Nivea is a business, and as such, it needs to have revenues. The events regarding this case are
presented as follow: The advertsiment was aired across the U.S. I could not find a specific date of its
released. The Advertisement "...shows a woman applying the cream, before discovering that she can
fit into an old pair of jeans." (Abraham, par. 6). On June 29, 2011, the Federal Trade Commission
released a publication under the Customer Protection Tag regarding Nivea's deceptive campaign.
The legal settlement of the Federal Trade Commission states:
As part of its ongoing efforts to protect consumers from over–hyped advertising claims, the Federal
Trade Commission reached a settlement requiring Nivea skin cream maker Beiersdorf, Inc. to stop
claiming that regular use of its Nivea My Silhouette! skin cream can
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The Antitrust Laws Of The Federal Trade Commission Act
3. Socio – Political Environment
a) Antitrust Laws The first antitrust law passed by Congress was the Sherman Act, in 1890. In 1914,
Congress passed two other antitrust laws: The Federal Trade Commission Act, which created the
Federal Trade Commission, and the Clayton Act. With some revisions, these are the most important
federal antitrust laws still in effect today. Section 7 of the Clayton Act prohibits mergers and
acquisitions when the effect "may be substantially to lessen competition, or to tend to create a
monopoly." (ftc.gov) The antitrust laws proscribe unlawful mergers and business practices in
general terms, leaving courts to decide which ones are illegal based on the facts of each case. For
over 100 years, the antitrust laws have had the same basic objective: to protect the process of
competition for the benefit of consumers, making sure there are strong incentives for businesses to
operate efficiently, keep prices down, and keep quality up. The enforcement authorities of the
federal antitrust laws are The Federal Trade Commission and the U.S. Department of Justice (DOJ)
Antitrust Division (ftc.gov).
b) Airline Industry Regulations
The first federal government regulations of the interstate airline industry were the Air Mail Act of
1925 and the Air Commerce Act of 1926. Additional federal regulation of commercial aviation was
imposed with the passage of the Civil Aeronautics Act of 1938.
The Civil Aeronautics Act created the Civil Aeronautics Authority, which
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Oligopolies and Monopolistic Competition -...
Unit 5 – GROUP PROJECT Oligopolies and Monopolistic Competition – Grifols/Talecris Merger
Rhonda D. Smith–Payne AIU Online Contributing Group Members: Rhonda D. Smith–Payne Non–
Contributing Group Members: Ashley Battle, Latonia Jenkins, Betty Johnson, Crystal Williams
Abstract The purpose of this report is to assess the impact of mergers on industry, on consumers, and
on society as a whole and more specifically, the Grifols/Talecris Merger in the plasma–derived
pharmaceutical industry. A complete description of the industry is discussed in depth. Part II
discusses arguments in support of the merger and opposing the merger. Grifols purchased Talecris in
2009, creating a merger which did not come without strict ... Show more content on Helpwriting.net
...
As time passed, prices of the drug increased while supply diminished. Because of the characteristics
that promote stability, "relevant markets are characterized by highly inelastic demand, increasing the
firms' incentives to coordinate because even a small change in supply can have a large effect on
price." (Commission, 2011) The plasma derived pharmaceutical industry is led by a group of large
and competitive firms. Besides Grifols/Talecris, many companies have gained success and continue
to sustain competiveness within the industry. CSL Corporate, incorporated in 1916, is headquartered
in Parkville, Victoria, Australia and has over 10,000 employees in 27 different countries. "The
company is the only manufacturer of influenza vaccines in the Southern Hemisphere." (Chhabra,
2010). "In 2007, the global revenues generated by the top–10 biotech companies exceeded $45bn.
Amgen, Genentech and UCB are good examples of leading companies that have experienced strong
sales growth in recent years. Principal drugs developed and marketed by the leading companies
include Aranesp, Mabthera and Keppra, each with blockbuster sales. Moreover, pipelines of the
leading biotech companies remain strong." (Visiongain, 2009) "The plasma–derived products
manufactured and sold by Respondents are life–sustaining and life–enhancing biologics indicated
for, among other things, the treatment of primary immune deficiency diseases, neurological
conditions, severe
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Federal Trade Commission Summary
The Federal Trade Commission (FTC) has been in protecting consumer privacy on the internet by
targeting deceptive and unfair trade practices since the act was establish in 1914( Halbert & Ingulli,
2012, p. 253). According to Halbert & Ingulli (2012) the FTC banned Unfair methods of
competition Unfair and deceptive acts and practices False and misleading advertising (p.253). For
example, deceptive advertising can mislead customer and causing a change in conduct. According to
Halbert & Ingulli (2012) FTC followed Campbell Soup commercial because what the company
advertise was not the quality the consumers was receiving (p.253). Although Campbell was "adding
marble to the advertising photos making it seem like they were brimming with vegetable"
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Social Networing Sites: Befriending Identity Theft
Social networking sites are increasingly becoming one of the internet most utilized activities.
However, how often does one think that their Facebook site is hazardous to their identity. According
to the U.S. Department of Justice, an estimated 11.7 million Americans were victims of identity theft
in 2010 (U.S. Dept. of Justice). Identity theft is defined as a crime where someone illegally acquires
and utilizes another person's vital information to deceive for personal gain. That same year, the
Federal Trade Commission reported that identity theft crimes cost businesses and individuals an
estimated $53 billion (Federal Trade Commission). Most Americans are familiar with identity theft
but aren't well–informed about the influence it has on ... Show more content on Helpwriting.net ...
Best case scenario would be that one is never a victim of identity theft. There can additionally be
ramifications reflected in the economy from identity theft crimes. In 2003, identity theft cost
businesses over $32.6 billion according to the Federal Trade Commission. Businesses are inclined to
charge off debts sustained during identity theft which means everyone pays.
Although identity theft should be seen as a threat to be eradicated, there is so much personal
information used to complete essential tasks that it's nearly impossible to do so. However, social
networking experts have come up with several steps to minimize one's risk of being victimized.
(Federal Trade Commission) Other steps for minimizing identity theft consists of obtaining a yearly
credit report from all three credit agencies, retaining from distributing any crucial information, using
a locked mailbox, being attentive to the schedule of arriving mail, signing up for Federal Trade
Commission do not call registry, utilizing passwords on credit cards, bank and phone accounts, not
storing financial information on laptops, making sure anti–virus, spyware and firewall programs are
active on personal computers, maintaining accurate records and keeping them in a safe. Other things
that should be considered when protecting an identity is buying a cross–cut type shredder, being
cautious using ATMs, having checks delivered to the bank not one's home address, dropping any
mailed forms of payment off at the
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Using Bait And Switch Advertising
Edward Lazear, an economist who graduated from Stanford, defines bait and switch advertising as
when a "low priced good is advertised but replaced by a different good at the showroom." (813) In
other words, what is advertised is not the final product. Rather, the advertisement is used to draw in
customers who then must settle for the next best thing – according to the company, of course.
Additionally, he gives a second definition of bait and switch. This definition is the conditional
opposite, though it has the same central meaning: "a seller advertises he has the high–quality good at
a low price but replaces it with the identical good, renamed and carrying a higher price." (Lazear
828) Lazear also claims that bait and switch is a "profitable strategy resulting in a fully rational
equilibrium with false advertising." (813) The profitable nature of using bait and switch advertising
is a direct result of consumer susceptibility. When using bait and switch tactics, enough customers
"may be induced into the showroom by advertising to make up for those lost from failing to
advertise truthfully" (Lazear 818). However, that profit turns on its head when the company is
caught participating in such a practice.
One example of bait and switch tactics working against a company is in the case of Laptop &
Desktop Repair, LLC. The owner, Vadim Kruchinin, reportedly misled customers with "high–dollar
offers to buy back their electronics, only to give consumers far less after they sent
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How True Clinical Integration Of Hospitals And Physicians...
Introduction The purpose of this paper is to discuss how true clinical integration of hospitals and
physicians is impacted by The Federal Trade Commission policy statements. In this context, the
term true clinical integration is used to describe engagement and alignment among hospitals and
physicians to achieve meaningful clinical process redesign that can change culture and lead to
lasting differences in the way care is delivered. This is to differentiate the term clinical integration as
an alignment vehicle principally for antitrust liability avoidance purposes. Clinical integration has
commonly been viewed primarily as a legal concept that allowed unrelated fee–for–service
providers to negotiate joint contracts with payers. ... Show more content on Helpwriting.net ...
Section 5 of the FTC Act provides the FTC and DOJ enforcement powers when unfair methods or
acts which prohibit competition occur (Pozgar, 2012, p. 98). In general, joint pricing agreements
among competitors are treated as per se illegal under Section 1 of the Sherman Act. The Clayton Act
includes sections that "prohibit discrimination (e. g., in price), exclusive dealings and similar
arrangements", among corporations (anitrustlaws.org, 2015). The Sherman Antitrust Act makes
illegal "every contract, combination in the form of trust or otherwise, or conspiracy in restraint of
trade or commerce among the several states is declared to be illegal". Areas of concern for
healthcare organizations include reduced market competition, price fixing, actions that bar or limit
new entrants to the field and preferred provider arrangements (Pozgar, 2012, p. 98). The conviction
of the FTC remains in that ccompetition in health care markets benefits consumers. That
competition helps to contain costs, improve health care quality, and encourages innovation. That the
duty of the Federal Trade Commission as a law enforcer is to protect consumers from harm by
stopping firms from engaging in anticompetitive conduct and comply with the nation 's antitrust
laws (FTC.gov, 2015). In attempts to address the fractionated health
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Deceptive Advertising
Marketing Term Paper
Principles of Marketing
MKT 2423
Angela Hanson
Deceptive Advertising
Deceptive advertising has been around since the beginning of time and still prevalent today.
Sometimes it is done unknowingly by an advertiser, however more often than not; it is done with the
intent to mislead the consumer making deceptive advertising a relevant marketing ethics issue.
Deceptive advertising is a growing trend among business in our society. This trend includes directly
trying to deceive consumers into thinking that they are getting something great but in reality they are
getting nothing. All age groups are targeted by deceptive advertising it is just a matter of how
consumer savvy you are. Almost all companies are guilty of this ... Show more content on
Helpwriting.net ...
According to the Better Business Bureau, "an advertisement as a whole may be misleading although
every sentence separately is considered true." Second, the Federal Trade Commission examines the
misrepresentation from the view of a "reasonable" consumer or particular target group such as the
elderly. And finally, "the representation, omission or practice must be a "material one". This means
that if the misrepresentation is likely to affect the consumers decision whether or not to use or
purchase a certain product or service, this is considered material since the consumer may have
decided differently if not for the deceptive advertising (Federal Trade Commission, 1998[on–line]).
The 1990's have brought on some new targets for deceptive advertisers as well as a new focus for
Federal Trade Commission and the Better Business Bureau. The main target of the 90's include:
antioxidant claims, the diet industry for misrepresenting weight loss claims, environmental or green
marketing claims for products claiming that they are good for the environment and are not, 900
numbers for misrepresenting the costs of phones call and the internet. In one year, United Weight
Control, Nutri/System, Inc, the Diet Center, Physician Weight Loss Clinic, Weight Watchers
International, Inc and Jenny Craig had all been cited for deceptive advertising and were made to
modify their advertising and marketing practices. The internet has also
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Ftc : The Federal Trade Commission
What is the FTC? The FTC stands for Federal Trade Commission. The Federal Trade Commission is
an independent federal agency created by Congress in 1914 to help prevent unfair business
practices, deception, fair trade practices, and unfair competition. The FTC's mission is to protect the
consumers by enacting laws to ensure that businesses cannot cheat people out of money and keep
businesses from being unethical and immoral. The FTC takes complaints about businesses and
investigates them for fraud or unfair labor practices every year (Silbersack, 2013). Duties of the
FTC. The Federal Trade Commission's mission is to protect consumers and to promote competition
in the marketplace, but that is a very broad statement for what all duties the ... Show more content
on Helpwriting.net ...
The company stated that consumers could make over $300 a day working from home. The FTC
came in and stopped this scam from hurting further consumers and prosecuted the online schemers
(www.ftc.gov, 2014).
Discussion
Events that led to the creation of the FTC. July 2, 1890, the Sherman Anti–Trust Act was the first
law passed by congress to prevent monopolistic business practices. Named after Senator John
Sherman of Ohio, he had this law to pass the senate with a unanimous vote of 51–1 and the House
with a vote of 242–0. President Harrison signed it into law in 1890. The Sherman Anti–Trust Act
authorized government to make it illegal to make a "restraint of trade or commerce among the
several states or with foreign nations". Those that did not abide by this law resulted in a $5,000 fine
and a year in prison. "The Sherman Act was designed to reestablish competition but was loosely
worded and unsuccessful to define terms as "trust," "combination," "conspiracy," and "monopoly"
(www.ourdocuments.gov, 2013)". Because of this "loosely worded" act, the Supreme Court
prevented the federal government from using the act for many years up until President Theodore
Roosevelt came along with his "trust–busting" campaigns. In 1904 the Supreme Court finally
supported the government in its suit for "termination of the Northern Securities Company and the
act was further employed by President Taft in 1911 against the
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The Federal Trade Commission Act
In 1890, the United States Congress passed the first Anti–Trust Law, called the Sherman Act, in an
attempt to combat anti trusts and as a "comprehensive charter of economic liberty aimed at
preserving free and unfettered competition as the rule of trade." (The Antitrust Laws). Twenty four
years later in 1914, Congress passed two more Anti–Trust Laws: the Federal Trade Commission Act,
which created the Federal Trade Commission whose aim is to protect American consumers, and the
Clayton act, which fills in any loopholes in the Sherman Act. Ultimately, these three Anti Trust Acts
regulate three core problems within the market: restricting the creation of cartels, restricting the
"mergers and acquisitions of organizations which could substantially lessen competition", and
prohibit the creation of monopolies in the market ("The Antitrust Laws").
The history of the antitrust laws date back to the late nineteenth century, following the end of the
Civil War. This time, known as the Gilded Era, began when entrepreneurs began searching for big
profits from their business ideas. Over time, the small business ideas turned into massive
corporations. The creation of new ideas and a radical shift towards industrialism led to the Industrial
Revolution. Amongst the most powerful corporations during this time were the four that still exist
today: John D Rockefeller's Standard Oil Company, Andrew Carnegie's Carnegie Steel, Cornelius
Vanderbilt's New York Central Railroad System, and J.P.
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Federal Trade Commission Summary
Established in 1914, the Federal Trade Commission (FTC), is responsible for ensuring customer
protection and preventing monopolistic activities by businesses. As an independent government
agency, "The FTC protects consumers by stopping unfair, deceptive and fraudulent practices in the
marketplace" ("What We Do," 2013). This is done by inspecting individuals or corporations that
violate laws, promoting new regulations for companies to follow and informing consumers of their
rights and responsibilities. Another aspect that the FTC controls is promotion of competition, as "it
benefits consumers by keeping the prices low and the quality and choice of goods and services high"
("What We Do," 2013). Monopolies have not been a part of the US economic ... Show more content
on Helpwriting.net ...
Instead of using the traditional messenger model, the network opted to set up their own fee schedule
based on their own analysis without any negotiation between the payers and the physicians. Thus,
caused an increase in the cost for the payers and had the consumers believe that this was the way the
messenger model worked. Nevertheless, the physicians of the network either did not notice or chose
not to question the higher reimbursement rates they received over the years. By withholding
information about the process and avoiding negotiations between the physicians and harming the
consumers, the network not only harmed the consumers but also used deceiving methods to
eliminate competition
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The Clayton Act: Change Or Change?
As time passes, things that we thought were stable and unchangeable, change. New technologies are
created, new problems to be solved by congress emerge, more resources are needed to supply the
population and ideas accepted before substituted and annulated. And with the Antitrust Act created
by a huge name in the United States history of presidents, Theodore Roosevelt. But did this reform
really changed from that time to nowadays? It changed in many ways, such as the congress passed
Clayton Act , the creation of FTC. With all that information, let's talk more about the Clayton Act.
Clayton Act (2)is an amendment passed by U.S. Congress in 1914 that provides further clarification
and substance to the Sherman Antitrust Act of 1890 on topics
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Dons
I believe that George and Mary do have a valid case to file against the Don's fast food restaurant.
There is a reason that Don's restaurant is providing burgers and food for the high schools locality
which has been contracted with the school authorities. From the results of the health department's
survey showing that the food from Don's is causing the children to develop high cholesterol and
obesity, with George and Mary's son being one of those children. There are many legal arguments
which can help in the favor of the plaintiff's case.
First is the Consumer Act, their first right is to apply and know the consumer rights, because
misleading trade practices is prohibited by the Act which is against the unfair or a fraudulent
business ... Show more content on Helpwriting.net ...
It also declares an "unfair method for the sake of competition that affects commerce, and also being
involved in the deceptive acts which affect commerce, are declared unlawful." The Don's restaurant
is rather famous and has great market value. This means that there must be competitors in the
market for Don's restaurant to participate in various acts. The truth will be known once the
investigations have been made. Injustice and deception for the consumers symbolizes two separate
areas of the FTC authority and enforcement. The FTC has the authority to overtake all the unfair
techniques of the competition between the businesses (Macaulay, 1979).
The Federal Trade Commission also focuses on theft identity. In this, the FTC helps with the federal
store for an individual consumer who complains against the issue related to identity theft. Although
the FTC completely does not resolve any individual complaints, it uses accumulated information
related, to decide where the federal action must be taken. The plaintiff can raise the complaint by
filing the form which is available via online or phone. If the court finds any unfair practices
happening during the investigation the restaurant will definitely be under investigation. As per the
arguments and claims we discussed it is obvious that the plaintiff wins the case only based on the
investigation the judgment has to be concluded as courts usually consider one of the main factors
under the consumer acts that
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Federal Trade Commission V. Twitter Scandal
In the first half of 2009, privacy concerns were elevated in terms of twitter after a hacker gained
control of several social figures accounts, including Barack Obama's. The Federal Trade Commision
began investigating the privacy dilemma. Months following the initial privacy threat, another hacker
gained control of ten more user accounts. Though the first hack was a larger degree of damage, the
FTC spent 11 months evaluating both twitter scandals. With primary consideration in the area of
consumer safety and security of privacy the FTC finalized twitter's retribution. Twitter promptly
responded in agreement to the FTC's demands to develop a security program monitored by an
outside company, denouncing twitter's reputation. A news release by ... Show more content on
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In The Saint Louis Post–Dispatch, Stone emphasizes Twitter's punishment in harsh tone in hopes to
spread awareness in the urgency to change these careless entities running social sites such as twitter.
Stone surfaces the need for outside parties intervening Twitter's management skills and declares the,
"...setup [of] a security program that will be audited by an outside company," proposing the sites
monitors and management teams were unskilled and negligent (Stone). The desperate call for help
exposes the corrupt business practices of the social network. This case sheds light on similar issues
leading twitter to believe "we think [the FTC] saw it as an opportunity to make an example of us in
the hopes of curtailing breaches – including those many more serious than ours – in our industry"
(Stone). Emerging the existence of conflicting cases surrounding the entire industry, Stone further
builds an argument in agreeance with Kafka's Bureaucracy, suggesting the whole industry of social
networking sites to be fraudulent in the interest and pursuit of the privacy of data
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Pros And Cons Of The Federal Trade Commission
The Federal Trade Commission(FTC) was created in 1914. It was created to ensure that there were
no businesses that were anticompetitive; meaning that there wasn't one company or business that
was creating a monopoly. The FTC has three main goals; they are to protect consumers, maintain
competition, and advance performance. They protect the consumers by preventing fraud and making
sure businesses are fair in the marketplace. They maintain competition by preventing companies
from merging together and creating a monopoly. Finally, they advance performance by advancing
the FTC's performance through organizational, personal, and management excellence. The FTC is
very beneficial, and although not everybody knows about it, as a consumer it helps with the
economy of every American. Throughout the years since it was created, there has been more laws
added that help keep businesses ... Show more content on Helpwriting.net ...
In 1906 the Food and Drug Act was officially created by the president at the time that was Theodore
Roosevelt. The job of the FDA is to protect the health of the public and doing so by assuring that
human and veterinary drugs are safe and secure along with biological products, medical devices ,
food supply in the US, cosmetics, and products that have been introduced to radiation. It's important
because they ensure the foods you are consuming can be eaten without getting you sick. They also
ensure the medicine you get is not going to cause harm to you. Without the FDA the drugs we get
from pharmacies and the food we get from stores would have the possibility of being very unsafe
and hurtful. The FDA has created many regulations that products have to go through to be
considered FDA approved. Some of those include the safety of the food we consume, products that
contain tobacco, dietary supplements, medications from pharmacies, vaccines, and blood
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Protecting The American Consumer : What Is The Federal...
Protecting the American Consumer: What is the Federal Trade Commission
For the last 100 years a single federal agency has stood to protect the american consumers. The
Federal Trade Commission (FTC) was established as an administrative government agency that was
created by congress to enforce the Federal Trade Commission Act (FTCA). The FTCA gives
authorities the power to prohibit unfair methods of competition as a means to protect consumers.
The Commission's mission is dual objective, protect consumers and promote competition.
Therefore, we will explore the history of the FTC and how the FTCA has been its foundation. Next,
we will look at Section 5 of the FTCA and how it protects consumers.
President Woodrow Wilson signed the Federal Trade Commision Act in into law September 26,
1914. The Federal Trade Commission began operating in March 16, 1915 and President Franklin D
Roosevelt had its headquarters constructed in 1937 part of a Depression–era building project funded
by the government to employ workers. The FTC develops policies to benefit the interests of the
consumer by, protecting consumers from unfair, deceptive and even fraudulent practices. FTC's
definitions of unfairness includes; consumer injury that is substantial and involves monetary harm,
violation of public policies such as statutes, and unethical or unscrupulous conduct. Likewise, FTC
recognizes some specific forms of depiction and fraudulent practices like "false oral or written
representations,
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Data Brokers: The Role Of The Federal Trade Commission (FTC)
The difference between ethics and morality are rooted in how you are raised and what type of
occupation you are currently doing. Morality or "Morals" are what you inherit or are taught at a
young age from your parents, grandparents, or any adult figure that is in your life. Basically your
morality are habits that are conducted and learned to be your moral compass of what is acceptable
and what is not. According to Quinn (2012) your morals might find you in a difficult situation if say
parents or grandparents have different beliefs or religions because you can fall into different
societies at the same times your morals might fluctuate depending on the situation. Ethics on the
other hand is something that is flying over the morality piece. ... Show more content on
Helpwriting.net ...
The first rule the purpose and character of the use are determined on what the background is of the
reproduction or material. If the character of use is for nonprofit, educational, and personal reasons
those will normally fall within the fair use factor. If the reproduction is based solely for commercial
reasons it will be in favor of the original copyright holder. The second factor of the nature of the
copyrighted work if it is for if it is to be published or fact based citing the information being used it
is considered fair use including the mixture of factual and imaginative. Where the fair use factors
tend to lean in the original copyrighters material is when it is unpublished and imaginative. When
deciding the amount of work used if it is less than 10% it is considered small amount but if it is the
main title in a song or a piece of work and repeated over and over again it is considered not to be
fair use. The last factor of the economic impact of the use falls outside the lines of fair use is when
royalties are not paid for the works used and when it competes against the
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Federal Trade Commission (FTC) And William Farley
Doing What's Right In the business world companies will run into times that they have to make
decision based on ethics. This outcome may not be illegal, but unethical, which is just as important
when running a business. Business Ethics is the concept of distinguishing between right and wrong
and then making the right choice. The right choice may not always be the easiest or best alternative
for the organization financially, but it is the greatest option for the company and its shareholders
overall. The idea of business ethics is important to create trust between consumers, the community,
and others involved with a given organization.
Stanford University Medical Research An example of proper business ethics is seen in the case
regarding the Stanford University Medical researcher team. The team studied the correlation
between the use of fertility drugs and ovarian cancer. In this case the University notifies the
consumers that the study is not certain, but is a possibility. However, based on the research the FDA
would like drug manufactures to disclose the study's findings and provide a warning label. I believe
the ethical thing for a manufacture to do in this case ... Show more content on Helpwriting.net ...
The lawsuit was in regards to a disagreement based on rather or not Farley notified the FTC of his
holding in a firm passing $15million. Farley argues that he is in the right because he notified them
and the FTC says otherwise. Mr. Farley's lawyers asked the FTC for the documents that related to
the case, but they declined the offer. This action made the lawyer for FTC, Mr. Randall question if
the FTC was being truthful. He decided to leak the documents to Farley's attorneys anyways. Mr.
Farley's attorneys were concerned that they seen the documents against the FTC's permission and
decided to give them back and resigned from the
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History of the Funeral Rule Essay
HISTORY OF THE FUNERAL RULE
The roots of the Funeral Rule are found in two books that were published in the late 60's – – Unsafe
At Any Speed by Ralph Nader and The American Way of Death by Jessica Midford. In the late
1960's, the FTC was a paper tiger. Ralph Nader, who began the consumer protection movement in
this country with the publication of Unsafe At Any Speed, was a sharp critic of the Federal Trade
Commission for its lack of consumer protection. Specifically, the FTC was criticized because it
relied too heavily on consumer complaints and brought enforcement actions only on a case–by–case
basis. The consumer protection movement wanted the FTC to proceed against entire industries
rather than individual businesses. The ... Show more content on Helpwriting.net ...
In March, 1976, the FTC received over 9,000 comments on the proposed rulemaking. The Final
Notice of Rulemaking was published in 1976 and identified 30 disputed areas of fact. These were
the focus of six public hearings that were held from April through August of 1976. There were 315
witnesses, many of which provided anecdotal evidence. There was very little empirical data such as
surveys and valid economic studies. Following the hearings, the presiding officer issued his report.
Additional comments were submitted by the public and the Final Staff Report was delivered to the
Commission in 1979. The FTC tentatively approved the Funeral Rule in March, 1979. The funeral
industry went to Congress and was able to obtain some relief in the form of the FTC Improvements
Act of 1980. That statute imposed new procedural safeguards in the FTC rulemaking process. It also
required the FTC to republish the Funeral Rule and take additional comments using the new
procedural safeguards. In 1981, the FTC republished the Rule and began a new proceeding. That led
to the promulgation of the Funeral Rule in 1982. After the NFDA unsuccessfully appealed the Rule
to the Fourth Circuit Court of Appeals, the Rule took effect on January 1, 1984. The Funeral Rule
which was finally adopted was less onerous then the one originally proposed. NFDA was successful
in having certain provisions deleted from the original Rule such as a requirement to have written
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The Federal Trade Commission Act
ALJ On November 13, 2015, A Federal Trade Commission's (FTC) Chief Administrative Law Judge
(ALJ) held that LabMD did not violate Section 5(a)of the Federal Trade Commission Act (FTC Act)
by failing to provide reasonable security for personal information on computer networks. This is the
first decision that limits the authority of FTC to regulate businesses that fail to appropriately
safeguard their consumers' electronic personal information.
FTC first became involved with consumer privacy issues in 1995, when it promoted industry self–
regulation. After determining that self–regulation was not effective, FTC began taking legal action
under Section 5 of the FTC Act. Section 5 limits practices considered to be unfair to instances
where, among other things, 1) the practice causes or is likely to cause substantial injury to
consumers; (2) the substantial injury is not reasonably avoidable by consumers; and (3) the
substantial injury is not outweighed by countervailing benefits to consumers or to competition.
Since 2002, the FTC has brought over 50 cases against companies that have engaged in unfair or
deceptive practices that put consumers' personal data at unreasonable risk. Most of these cases
resulted in settlements and did not provide judicial decisions addressing the FTC's authority to
regulate the data security practices of companies which have suffered a data breach.
The first case to test the authority of FTC was FTC v. Wyndham Worldwide Corp. After a data
breach
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Case Study: The Federal Trade Commission
According to the Federal Trade Commission (FTC), there are two red flags that to warn consumers
of a pyramid scheme (inventory loading and lack of retail sales). It was determined in a federal
appeal court by the FTC that BurnLounge was working an illegal pyramid scheme. The decision
was based on the fact that contributors had to pay to join the scheme and were mainly encouraged
by recruiting others into the scheme instead of selling products. The courts did not rule that
Herbalife's commission produced from goods vended to contractors were unlawful. Unlike
BurnLounge, Herbalife focused on both the recruitment of contributors and sells to consumers. The
cost to join BurnLounge is an annually fee up to $429.95 and Herbalife fee is a one–time
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Antitrust: Cartel and Federal Trade Commission
Research Paper – Antitrust Introduction The purpose of this paper is to discuss antitrust law with
regard to federal regulations. In the form of a case study, this paper will examine the legal obstacles
faced by the merger proposal between US Airways Group Inc. and American Airlines' parent
corporation AMR. The focus of the paper is to examine the legal hurdles posed by antitrust laws
used to block the merger and then briefly explore possible ethical issues associated with allowing
US Airways Group Inc. and AMR to merge. Antitrust Laws There are three core federal antitrust
laws in effect today in our US legal system. They are the Sherman Act, The Federal Trade
Commission Act, and the Clayton Act ... Show more content on Helpwriting.net ...
External Obstacles In 2005, US Airways and AMR publically proposed a merger that was met with
a great deal of resistance. The government has the responsibility to regulate mergers to ensure the
merger doesn't violate antitrust laws. This merger had to be reviewed by several agencies such as the
U.S. Justice Department, the U.S. Department of Transportation, the Air Transportation Stabilization
Board, the Security and exchange commission, and U.S. Bankruptcy Courts. This was a very high
profile merger proposal and it was met with a great deal of opposition (Cobb, et al., 2006). The
airline eventually won Department of Justice approval but had to agree to give up some airport slots
to clear antitrust concerns. Both airlines agreed to the terms in order to keep the merger proposal
alive (Majcher & Russell, 2013). Because of a Philadelphia to London route the proposed merger
also had to gain some clearance by the European Commission. The airlines once again agreed to
give up the route to alleviate any international anti–competitive effects (Knibb, 2013). Ethical
Concerns The Department of Justice and six state attorneys–general together filed a suit against the
merger arguing that the merger would lead to an increase in airfare, in fees, and also limit choices
also the merger agreement will cost workers jobs as American Airline was forced to relinquish hub
status at several
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An Unfair Trade Practice Of Making Any Oral
The consumers are average citizens engaging in business deals such as buying goods or borrowing
money to gain satisfaction. Generally, consumer transactions include purchases of goods or services
for personal, family, or household use and these are presumed fair because it is assumed that buyers
and sellers are in equal position to bargain. This premise may not always hold true because the
fundamental thought process of individuals is to make benefit by any methods. The methods may be
reasonable or unreasonable, allowed or restricted, lawful or illicit. An unfair trade practice means a
trade practice, which, for the purpose of promoting any sale, use or supply of any goods or services,
adopts unfair method, or unfair or deceptive ... Show more content on Helpwriting.net ...
 Gives any warranty or guarantee of the performance, effectiveness or lifespan of the goods, which
is not tested adequately or properly.  Makes to the public a representation in the form that purports
to be– a warranty or guarantee of the goods or services, a promise to return, maintain or repair the
goods until it achieves a specified result, in case such depiction is not true or there is no reasonable
chances that such warranty, guarantee or promise will be fulfilled.  Materially misleading about
the cost at which such goods or services are available in the marketplace.  Gives false or
misleading statements about the goods, services . FALSE OFFER OF BARGAIN: Where an ad is
printed in a newspaper and goods or services are offered at a bargain price when in fact there is no
intent that the same may be offered at that price, for a reasonable period or reasonable quantity, it
shall lead to an unfair trade practice. The 'bargain price ', can be defined as the price stated in the
advertisement in such manner that it is lesser than the original price, or the price which any person
coming across the advertisement would consider to be better than the price at which such goods are
generally sold. FREE OFFER GIFTS AND PRIZES: The unfair trade practices under this category
are:  Providing any gifts, prizes or other items along with the goods when the real intention is to
get some benefit. 
... Get more on HelpWriting.net ...
Communication Laws : False Advertising And Communication Law
False Advertising and Communication Law Throughout history, United States courts have remained
hesitant to protect commercial advertising under the First Amendment, mainly due to the number of
false claims and exaggeration (Tedford & Herbeck, 2013). Prior to the government controlling false
advertising, consumers had to rely solely on common–law remedies such as civil suits and various
state laws; a method that proved ineffective (Tedford & Herbeck, 2013). However, since the creation
of the Federal Trade Commission in 1914, consumers have gained the deserved protection against
deceptive and unfair business practices (FDA, 2015).
Federal Trade Commission In 1914, the Federal Trade Commission Act was passed, creating a
federal agency that aims to protect consumers against deceptive and false advertising, as well as
increasing informed customer choice (Tedford & Herbeck, 2013). The FTC conducts investigations,
creates policies and rules, sues companies and people that violate these laws, as well as educates
consumers and business about their rights (Tedford & Herbeck, 2013).
False Advertising The FTC defines false advertising as a tactic that either misleads consumers or
affects a consumer's decision regarding a product or service (Federal Trade Commission [FTC],
2000). According to the Federal Trade Commission, federal law states that ads must be truthful and
not misleading; and it is the job of the FTC to enforce these laws (2000). For an advertisement to not
be
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1Business Ethics Is The Application Of Essay
1.
Business ethics is the application of legal and regulatory standards to business situations. a. True b.
False 2.
Misleading advertising in print or television is illegal as well as unethical. a. True b. False 3.
Cultural norms can play a part in a person's ethical or unethical behavior in the workplace. a. True b.
False 4.
Regulations and laws were much stricter in the first quarter of the twentieth century than they are
now. a. True b. False 5.
The Interstate Commerce Act was the first federal act to regulate business practices. a. True b. False
6.
A Latin phrase, caveat emptor, summarizes the vulnerable position that consumers were in the early
1900s. a. True b. False 7.
The EPA is a federal agency ... Show more content on Helpwriting.net ...
/a. True b. False 5.
A responsibility audit is a comprehensive report of what an organization is going to do in regard to
social issues.
/ a. True b. False 6.
Noise pollution might be addressed by workers being required to wear earplugs to guard against
hearing damage. a. True
/ b. False 7.
The courts of the U.S. have ruled that quotas in affirmative action programs are unconstitutional.
/ a. True b. False 8.
The Wall Street Reform and Consumer Protection Act was passed in 2009.
/ a. True b. False 9.
The Cigarette Labeling Act and the Fair Packaging and Labeling Act are part of federal legislation
that helps protect consumers. a. True /b. False 10.
Both President Gerald Ford and President Bill Clinton contributed legislation to the consumer bill of
rights. /a. True b. False 11.
The __________ Act provides sweeping legislation for reporters of corporate misconduct. a.
American Recovery and Reinvestment b. Federal Trade Commission c. Consumer Product Safety
Commission d. Accountability and Transparency in Rating Agencies /e. Sarbanes–Oxley 12.
The __________ enlarged the solid–waste disposal program and provided for enforcement by the
EPA. a. National Environmental Policy Act /b. Resource Recovery Act c. Resource Conservation
and Recovery Act d. American Recovery and Reinvestment Act 13.
Which of the following is false about business and social responsibility in the first quarter of the
twentieth
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Ftc Settlement Order Bars Texas Doctors ' Group From Joint...
FTC REVIEW AND DISCUSSION:
FTC Settlement Order Bars Texas Doctors ' Group from Joint Price Negotiations
Review:
The following allegation is upon Southwest health alliance who runs under BSA provider network in
the region of Amarillo, Tyler, TX who is believed to be respondent under section 5 of Federal Trade
Commission Act where the Respondent has exhibited Anticompetitive Conduct in the market and
which incurred the reduction of consumer benefits in the healthcare market. Upon being proved
guilty of allegations, Federal Trade Commission along with the help of Office of Texas Attorney
General purposed few judgements in the form of consent order which involves settlements purposes.
In detailed overview of this allegation, Federal Trade ... Show more content on Helpwriting.net ...
For all this contracting procedure, physicians can opt to choose a messenger which is known as
''messenger model'' under this the messenger can accept the contract terms from the payers and
should inform the physicians and collect the decision unilaterally whether physicians agreed to the
terms or not. Similarly, with the consent of physician group messenger can offer the proposed
contract by the physicians to payers.
In this instance, BSA Provider Network as a messenger under the contracting terms of '' messenger
model'' was implemented has made a conspiracy plot of making its own decisions by making its
own fee schedule instead the decision should be coming from the physicians association in receiving
and offering contracts to the payers. Although, BSA provider network has fixed charges many
physicians would provide healthcare procedures under their own fee–for–schedule to independent
patients, self–insured employers coming out of the terms of BSAPN. Also, BSA provider network
many renegotiations with several payers on behalf of physicians intending that the independent
physician
... Get more on HelpWriting.net ...
Federal Trade Commission
Artemiy Andreev
Ms.Brown
February 15, 2016
The Federal Trade Commission
Research
The Federal trade commission or called the FTC was created in 1914. The Federal Trade
Commission Act is the act that started this commission and its purpose was to prevent unfair
methods of competition in commerce as a part of the battle to "bust the trusts." They also did this act
to enhance the informed consumer choice and public understanding of this competitive process; and
another reason was to accomplish this without the unduly burdening of legitimate business activity.
The FTC deals with issues that do with the touchline of pretty much every American in the USA.
These guys from the Federal Trade commission do an awesome job of saving and ... Show more
content on Helpwriting.net ...
The Federal Trade Commission is a great federal project that does a lot of things in order to protect
consumers rights not only in real life but also in virtual
... Get more on HelpWriting.net ...
Federal Trade Commission
The Federal Trade Commission is an independent agency of the U.S. government that was
established in 1915 and charged with keeping American business competition free and fair. The FTC
has no jurisdiction over banks and common carriers, which are under the supervision of other
governmental agencies. It has five members, not more than three of whom may be members of the
same political party, appointed by the President, with the consent of the Senate, for seven–year
terms. The act was part of the program of President Wilson to check the growth of monopoly and
preserve competition as an effective regulator of business.
The Federal Trade Commission enforces a variety of federal antitrust and consumer protection laws.
The Commission seeks to ... Show more content on Helpwriting.net ...
History has shown that societies that promote vigorous competition among private companies have
lower prices, better products, and greater consumer choice.
The antitrust laws are the basis of this national policy. These laws, enforced by both the federal and
state governments, require companies to compete in the marketplace. The Sherman Act, the first
federal "antitrust law," was enacted in 1890, at a time when there was enormous concern about
"trusts" –– combinations of companies that were able to control entire industries. Since then, other
laws have been enacted to supplement the Sherman Act, including the Federal Trade Commission
Act and the Clayton Act (1914). With some revisions, these laws still are in effect today. They have
the same basic objective: making sure there are strong economic incentives for businesses to operate
efficiently, keep prices down, and keep quality up.
When consumers decide to purchase a product or service a car, a new refrigerator, or prescription
drugs, the goal of the antitrust laws is to make sure their choices are not restricted unreasonably.
Consumer choice is a powerful incentive for the sellers of any products to keep their prices low and
their quality high. When the antitrust laws are vigorously enforced, businesses must respond to what
consumers want. A business that ignores consumer wishes, by refusing either to keep prices
competitive or to offer
... Get more on HelpWriting.net ...
Antitrust Laws Of The Sherman Act And The Ftc Act
Antitrust are a series of laws designed to protect competition in the marketplace. Antitrust laws
prevent restraints of trade or commerce. Black's Law Dictionary defines antitrust laws as "[t]he body
of law designed to protect trade and commerce from restraints, monopolies, price–fixing, and price
discrimination." The main law regulating antitrust is the Sherman Antitrust Act, which makes it
illegal for individuals or groups to restrain trade or commerce. Besides the Sherman Act, the other
law that factors into Dental Examiners is the Federal Trade Commission Act, which prohibits any "
[u]nfair methods of competition." This law serves as the basis for the majority of Federal Trade
Commission lawsuits such as Dental Examiners. The ... Show more content on Helpwriting.net ...
While the Court found that the standards were an antitrust activity, it was not unreasonable because
it was for the purpose of protecting athletes, not controlling the market. In summation, antitrust laws
prevent only unreasonable restraints of trade, which is based upon the circumstances of the
restriction.
Goals of Antitrust Law
Antitrust laws are meant to protect competition in markets. They try to ensure that all individuals
have an "equally opportunity in honest competition." Early in the nation's history, there was
widespread fear of the dangers of monopolies and other restrictions on competition. In 1890,
Congress passed the Sherman Antitrust Act to prevent limits on competition caused by private
parties. Thus the main goal of antitrust law is to preserve "economic freedom" and a "free–enterprise
system." Specifically, it attempts to preserve "the freedom to compete" for businesses. In a practical
sense, antitrust laws are seeking to prevent burdens on competition in the marketplace.
Damages in Antitrust Lawsuits Antitrust plaintiffs have many different remedies available to them
under Federal antitrust law. Plaintiffs can receive damages for any loss they sustained from the
antitrust activity. For example, if an antitrust activity prevented a salesperson from conducting their
normal profession then that person would likely be able to recover damages for that loss. In antitrust
law, plaintiffs receive "treble damages,"
... Get more on HelpWriting.net ...
Federal Trade Commission And Dental Examiners
Introduction Last February, the Supreme Court issued its opinion in North Carolina State Board of
Dental Examiners v. Federal Trade Commission (Dental Examiners). The case concerned the
Board's decision to stop teeth whitening services by non–dentists in the state. The Federal Trade
Commission alleged that the Board had violated antitrust laws by attempting to limit competition by
its teeth whitening decision. State entities such as the Board generally were thought to have
immunity from antitrust laws, but the Supreme Court's decision reversed this long–held belief and
found that state boards could be held liability if certain conditions were met. The major condition
was that the board be made up of a majority of active market ... Show more content on
Helpwriting.net ...
Finally, the second part will address how states have responded to Dental Examiners, and what
Kansas can do to address the decision.
Background
To be understand the Dental Examiners decision, it is important to understand the legal background
for the case. To do this, we first have to examine the broader area of law that surrounds antitrust
liability. Secondly, we need to examine the Parker doctrine, which creates antitrust immunity for
states. Finally, we need to look at Dental Examiners itself and its background.
Antitrust Liability A preliminary question is what is antirust liability? While there are other statutes,
the Sherman Antitrust Act is the signature law prohibiting antitrust activity. The act defines antitrust
activity as any "restraint of trade or commerce." It also prevents persons from monopolizing or
attempting to monopolizing trade. The act is only concerned with restrains of trade that are
"unreasonably restrictive of competitive conditions." A secondary requirement is that there be
"concerted action," which requires more than unilateral behavior by individual actors. Examples of
antitrust violations include price–fixing, allocations of territory or customers, and exclusive dealing
agreements. Antitrust laws can be enforced either through actions brought by
... Get more on HelpWriting.net ...
How Did Woodrow Wilson Progressivisms
Yesmin Whitehead
Group Presentation: Progressivisms
Woodrow Wilsons Acts to Progressivisms
In the year of 1912, Democrat electoral candidate Woodrow Wilson was running in the Presidential
Election against T.R. Roosevelt, W. Taft and E. Debs. After winning by a sland slide, and being
nominated as the 28th President of the United State. President Wilson quickly went to work to save
this nation from them, thus he created 2 antitrust laws and establishing the first federal bank.
Thus, in 1912 Wilson started to reshape America The Federal Reserve Act of 1912 was the
beginning of President Wilson's one of three progressivisms acts, within the first 2 yrs. of him being
in power. This was Wilson's first act as President and his progressive movement to help and stabilize
a nation from an economic depression, unfair labor exploitations, and end of corporate monopolies.
"I do not want a government that will take care of me," he declared. "I want a government that will
make other men take their hands off so I can take care of myself." Woodrow Wilson:
This act states law help reconstructed the national banking and currency system. This was an effort
to regulate the country 's credit and monetary affairs. It provided a central institution that could hold
the reserves of the commercial banks and increase those reserves, thereby making the nation 's
money supply more elastic in order to cope with changing economic conditions, especially with an
economy recovering from a depression. In
... Get more on HelpWriting.net ...
The Impact Of The Federal Trade Commission
When the news that President McKinley had died reached J. Pierpont Morgan, his response was,
"'This is sad, sad, very sad news. It is very sad news, very sad'" (Gilmore and Sugrue 74). The
powerful financier and banker of the Progressive Era counted on McKinley's campaign manager to
maintain a laissez–faire market in which he could continue his railroad enterprises, namely the
company he co–owned, Northern Securities, which was created to fight off competition and create a
monopoly on nearly half of the nation's transportation system. When Roosevelt assumed McKinley's
office, he investigated Northern Securities under the pretense that they had violated the Sherman
Antitrust Act. Finding them guilty, a suit was filed. The case was taken to ... Show more content on
Helpwriting.net ...
Monopolies defied the principles of a free market by promoting income inequality and giving
individuals an opportunity to control the price. Roosevelt said concerning them, "[W]here, in either
[unions] or [corporations], there develops corruption or mere brutal indifference to the rights of
others, and short–sighted refusal to look beyond the moment's gain, then the offender, whether union
or corporation, must be fought" (These United States 73). The Sherman and Clayton antitrust acts
were Congress's attempt to fight back. However, the Sherman Act failed to define monopoly and the
Clayton Act was merely a civil statute which carried no criminal penalties.
In response to those weaknesses, the Federal Trade Commission was created and given authority to
enforce the acts' provisions and "protect consumers by preventing anticompetitive, deceptive, and
unfair business practices... and accomplishing this without unduly burdening legitimate business
activity" ("About the FTC"). The Federal Trade Commission's responsibilities included preventing
and dissolving monopolies, bringing civil law suits against violators of the law, and monitoring the
business community for violations of law (Davis). Since its creation, rules such as the Telemarketing
Sales Rule, Pay–Per–Call Rule, and Equal Credit Opportunity Act were placed under the
Commission's jurisdiction, increasing their magnitude. However, in the Constitution Congress is
given power, "[t]o regulate
... Get more on HelpWriting.net ...
President Woodrow Wilson And The Federal Trade Commission...
President Woodrow Wilson was a successful progressive president because of his actions on
demanding a stronger antitrust legislation, banking reform, and reduced tariffs. First, President
Wilson created the Clayton Antitrust Act of 1914 and the Federal Trade Commission Act of 1914.
The Clayton Antitrust Act prohibited corporations from acquiring the stock of another company.
Also, the act allowed labor unions and farm organizations. The Federal Trade Commission is an
organization that was given the power to investigate violations of regulatory statutes, require
periodic reports from corporations, and put an end to a number of unfair business practices. These
two antitrust measures was important because it prevented monopoly corporations and
... Get more on HelpWriting.net ...
Federal Trade Commission and the Act
| Federal Trade Commission and the Act | Prepared for ASCM630.9040, Professor Charles Carey |
Candy Mott–Harris
3/26/2012
|
Contents
ABSTRACT 2 HISTORY OF THE FEDERAL TRADE COMMISSION ACT 2 FALSE AND
DECEPTIVE ADVERTISING 5 BAIT AND SWITCH ADVERTISING/TACTICS 8 CONSUMER
FRAUD 10 IDENTIFYING, VERIFYING AND PREVENTING DECEPTION 12 CLOSING
STATEMENTS ABOUT THE FEDERAL TRADE COMMISSION 13 BIBLIOGRAPHY 14
ABSTRACT
The paper will serve as a historical background overview of how the Federal Trade Commission Act
(FTC) came into existence. The paper will also break down the key components for which the FTC
covers, such as deceptive advertising, baiting and switching and consumer fraud. There will be
examples ... Show more content on Helpwriting.net ...
One of the key components was that now, civil penalties could be assessed for failure to follow
FTC's orders, such as cease and desist orders, should the respondent ignore the order. Previously,
they would just be sanctioned. In addition, the amendment to Section 5 was to include unfair and
deceptive acts or practices. Prior to this passage of the Wheeler–Lea Act, it was the burden of the
FTC to prove unfair methods of competition. The Wheeler–Lea Act expanded on the food and drug
advertising, as well. (Brown, 1947) Over the next few decades, the FTC saw changes, many fleeting
and few with staying power. There were also staffing issues from the 1930s to present. In addition,
at one point in time, when the FTC was tasked with enforcing labeling and identification, especially
within the textiles and furs industry, many felt that the FTC overzealously pursued labeling claims.
FTC also saw other challenges such as scathing reviews by critics consistently accusing the FTC of
falling short. From 1933 through 1935, there were significant turnovers of leadership areas
including the Commissioner's position. Critics would claim that the Commission had become
complacent after the existing board remained in place from 1935 to 1945. (Federal Trade
Commission, 2004) William Brown wrote that "The changes," as a result of the passage of the
Wheeler–Lea Act, "added certain teeth to the law and made
... Get more on HelpWriting.net ...

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The Federal Trade Commission Actively Enforces Antitrust Law

  • 1. The Federal Trade Commission Actively Enforces Antitrust Law The Federal Trade Commission actively enforces antitrust laws to organizations within the healthcare field, including to Physician Hospital Organizations (PHOs). A PHO is a vehicle that enables hospitals and physicians to work cooperatively toward accomplishing several objectives (Physician, 2015). According to Susan Creighton (2004), competitive issues among PHOs can occur when a PHO acts as a contracting arrangement for a network of healthcare providers. The network can consist of groups of physicians, one hospital or several, and also some other entities that offer a bundle of healthcare services to insurance companies and other payors (Creighton, 2004). The FTC states that the core antitrust law principle is that it is illegal for competitors to agree on prices they will charge, except where they come together and integrate in a legitimate joint venture that results in efficiencies or other precompetitive benefits that outweigh the restriction of competition (Creighton, 2004). Agreements that violate the antitrust law can be determined as per se illegal. Per se illegal means that activities, such as horizontal price fixing, or group boycotts, have been conclusively presumed to restrain competition unreasonably even without a study of the market that they occurred in, or an analysis of their actual effect on competition, or their purpose (Burke, et al., 2009). South Georgia Health Partners are an example of a PHO that was charged by the commission on a per se illegal ... Get more on HelpWriting.net ...
  • 2.
  • 3. Federal Trade Commission Research Paper Federal Trade Commission The Federal Trade Commission was founded by Woodrow Wilson the twenty–eight president of the United States and it was established in September 26, 1914 in Washington D. C. The seal for the Federal Trade Commission was adopted in 1915 and designed by Tiffany and Company. The seal symbolizes many of the values and promote the agency mission. The winged flywheel represents progress and reflects the commitment to protect consumer interests in a world of involving technology. The shield represents the role in defending American consumer interests. And it protects the benefits of robust competition and fighting harm to consumers from unfair deceptive practices. The scales are the traditional of emblem of justice ... Show more content on Helpwriting.net ... Consumer protection laws are federal and state statues governing sales and credit practices involving consumer goods. Consumer Product Safety Commission, Unfair or Deceptive Trade Practices, Truth in Lending Act, Fair Debt Collection Practices Act, Warranties and Consumer Remedies are laws that were establish to give the consumer a fair shake at buying or borrowing money. Goods that were purchase or service for personal use were presumed fair that buyers and sellers would bargained for equal positions. The consumer protection is a law that has to contribute to safety, protecting the health of consumers and the economic interest of consumers. Local trade practices consider unfair or deceptive may fall with Federal Trade Commission laws and regulations and have an effect on interstate commerce. Federal and state laws governing sales, credit financing and reporting, product quality, leases, sales practices, debt collection and other aspects of consumer transactions may be regulated as deceptive trade practices. Consumers are protected by several types of agencies and statues that are enforced by state and federal laws. Today many of consumer protection issues are involve with the ... Get more on HelpWriting.net ...
  • 4.
  • 5. Treating Information Privacy Flaws Of The Federal Trade... TREATING INFORMATION PRIVACY DEFICIENCIES IN CYBERSPACE Introduction Scholars are divided on the fundamental question of the Federal Trade Commission's (FTC) adjudicative capacity under the FTC Act. The FTC uses a reasonableness standard and considers each company's data security practices on a case–by–case basis. For more than a decade, the FTC's enforcement of data security actions invoked under §5 of the Federal Trade Commission Act (FTC Act) resulted in consent decrees and settlements, subsequently scrutinized by practitioners as carrying as much precedential value as judicial opinions. In 2015, the Third Circuit Court Appeals' decision in Wyndham reinforced the FTC's authority to pursue enforcement actions against companies that do not have reasonable data security practices. Notwithstanding a motion to dismiss arguing that, inter alia, (1) the FTC lacks authority to regulate under §5 of the FTC Act and (2) the FTC failed to provide fair notice and of what constitutes reasonable data security standards and (3) §5 does not govern the security of payment card data; Wyndham marked the first time federal courts held that the FTC has authority under §5 of the FTC Act to enforce data security practices. Equipped with Wyndham, the FTC's guidelines in providing information about what acts constitutes unfair or deceptive practices carry more precedential force than ever before. Essentially, the Circuit Court of Appeals' holding in Wyndham affirms the FTC's discretion to ... Get more on HelpWriting.net ...
  • 6.
  • 7. Federal Trade Commission Cigarette Report In 2014, 24.6% of high school students reported that they used some type of tobacco product in the past 30 days ('National Youth Tobacco Survey'). There are several factors that influence youth to begin using tobacco. Although it is clear that peer pressure can initiate smoking, multiple studies find that tobacco marketing causes an increase in youth tobacco use. The single most important issue is promotion and advertising. In 2012 the tobacco industry spent 26 million dollars a day in marketing and advertising alone (Federal Trade Commission Cigarette Report). Tobacco companies exploit the vulnerability of teenagers. Through their advertising, tobacco companies create a image about their consumers. As is the case with all advertising, a substantial ... Show more content on Helpwriting.net ... One advertisement suggests that women should "reach for a cigarette instead of a sweet" (Audrain– McGovern, J, and NL Benowitz). A study conducted by Fulkerson JA, found that "Adolescents, especially girls, report starting to smoke and continuing with the habit for purposes of weight control and weight loss". Smoking is often thought as a way to control appetite and weight. Researchers Wee CC, Rigotti NA, Davis RB, Phillips RS from Harvard University found that "Young adults who are trying to lose weight are 40% more likely to start smoking cigarettes". Although smoking may cause weight loss, after quitting "...smoking, typically gain seven to nineteen pounds" (81). Tobacco companies market their product as a tool to weight lose, when in actuality smoking can cause weight ... Get more on HelpWriting.net ...
  • 8.
  • 9. Anti-Trust Practices and Market Power Essay Title page FTC's Google Antitrust Investigation ABC XYZ abcxyz@abcxyz.com Content Abstract........................................................................................... 2 Introduction....................................................................................... 2 Is search giant Google too dominant? ........................................................ 3 Effect of monopoly and oligopoly on Society ............................................... 4 Conclusion.......................................................................................... 4 References.......................................................................................... 4 FTC's Google Antitrust Investigation Abstract Antitrust Policy consists of laws and government actions designed to prevent monopoly and promote competition. On June 23, 2011, the U.S. Federal Trade Commission initiated an antitrust probe into Google, the world's largest search engine. FTC's investigation entailed a broad ... Show more content on Helpwriting.net ... (Macconnell, Brue, & Flynn, 2012) Four particular pieces of federal legislation, as refined and extended by various amendments, constitute the basic law relating to monopoly structure and conduct. * Sherman Act of 1980 * Clayton Act of 1914 * Federal Trade Commission Act of 1914 * Celler–Kefauver Act of 1950 Is search giant Google too dominant? One the recent major cases, that the U.S. Federal Trade Commission investigated for antitrust was Google Inc. Google handles more than two thirds of all web searches in the U.S. and has captured around 75% of the lucrative search–advertising market, according to eMarketer Inc. and other research firms. (Efrati & Kendall, 2013) Google increasingly has posted links in search results that steer users to its own specialized sites, such as its business listings, travel–search site or
  • 10. shopping–search site. Detractors including business–review site Yelp Inc. and travel sites TripAdvisor Inc. and Expedia Inc. alleged that Google was hogging more and more Web traffic for itself in a bid to snag more online–advertising dollars. Yelp and others also complained that Google took content from their sites in order to populate Google's business–listings pages and other specialized sites. On June 23, 2011, the U.S. Federal Trade Commission initiated an antitrust probe into Google and after nearly twenty months of investigation, the federal government announced on ... Get more on HelpWriting.net ...
  • 11.
  • 12. The Impact Of Advertising Campaigns In Advertising In this paper, I will analyze the ethical challenge that represents misleading people's choices through manipulative advertisements campaigns. I will focus on one specific case, the Nivea–Slim Complex cream, which was charged by the Federal Trade Commission of the United States with a fine of $900,000. The claimed of Nivea's Marketers was that women would lose weight only by using the cream. This deceptive claim was taken and overseen by the Trade Commission ending with legal consequences against Nivea. Nivea's misleading advertisement campaign represents an ethical challenge because it is clearly lying to consumers in order to increase their sales. On the other hand, Nivea is a business, and as such, it needs to have revenues. The events regarding this case are presented as follow: The advertsiment was aired across the U.S. I could not find a specific date of its released. The Advertisement "...shows a woman applying the cream, before discovering that she can fit into an old pair of jeans." (Abraham, par. 6). On June 29, 2011, the Federal Trade Commission released a publication under the Customer Protection Tag regarding Nivea's deceptive campaign. The legal settlement of the Federal Trade Commission states: As part of its ongoing efforts to protect consumers from over–hyped advertising claims, the Federal Trade Commission reached a settlement requiring Nivea skin cream maker Beiersdorf, Inc. to stop claiming that regular use of its Nivea My Silhouette! skin cream can ... Get more on HelpWriting.net ...
  • 13.
  • 14. The Antitrust Laws Of The Federal Trade Commission Act 3. Socio – Political Environment a) Antitrust Laws The first antitrust law passed by Congress was the Sherman Act, in 1890. In 1914, Congress passed two other antitrust laws: The Federal Trade Commission Act, which created the Federal Trade Commission, and the Clayton Act. With some revisions, these are the most important federal antitrust laws still in effect today. Section 7 of the Clayton Act prohibits mergers and acquisitions when the effect "may be substantially to lessen competition, or to tend to create a monopoly." (ftc.gov) The antitrust laws proscribe unlawful mergers and business practices in general terms, leaving courts to decide which ones are illegal based on the facts of each case. For over 100 years, the antitrust laws have had the same basic objective: to protect the process of competition for the benefit of consumers, making sure there are strong incentives for businesses to operate efficiently, keep prices down, and keep quality up. The enforcement authorities of the federal antitrust laws are The Federal Trade Commission and the U.S. Department of Justice (DOJ) Antitrust Division (ftc.gov). b) Airline Industry Regulations The first federal government regulations of the interstate airline industry were the Air Mail Act of 1925 and the Air Commerce Act of 1926. Additional federal regulation of commercial aviation was imposed with the passage of the Civil Aeronautics Act of 1938. The Civil Aeronautics Act created the Civil Aeronautics Authority, which ... Get more on HelpWriting.net ...
  • 15.
  • 16. Oligopolies and Monopolistic Competition -... Unit 5 – GROUP PROJECT Oligopolies and Monopolistic Competition – Grifols/Talecris Merger Rhonda D. Smith–Payne AIU Online Contributing Group Members: Rhonda D. Smith–Payne Non– Contributing Group Members: Ashley Battle, Latonia Jenkins, Betty Johnson, Crystal Williams Abstract The purpose of this report is to assess the impact of mergers on industry, on consumers, and on society as a whole and more specifically, the Grifols/Talecris Merger in the plasma–derived pharmaceutical industry. A complete description of the industry is discussed in depth. Part II discusses arguments in support of the merger and opposing the merger. Grifols purchased Talecris in 2009, creating a merger which did not come without strict ... Show more content on Helpwriting.net ... As time passed, prices of the drug increased while supply diminished. Because of the characteristics that promote stability, "relevant markets are characterized by highly inelastic demand, increasing the firms' incentives to coordinate because even a small change in supply can have a large effect on price." (Commission, 2011) The plasma derived pharmaceutical industry is led by a group of large and competitive firms. Besides Grifols/Talecris, many companies have gained success and continue to sustain competiveness within the industry. CSL Corporate, incorporated in 1916, is headquartered in Parkville, Victoria, Australia and has over 10,000 employees in 27 different countries. "The company is the only manufacturer of influenza vaccines in the Southern Hemisphere." (Chhabra, 2010). "In 2007, the global revenues generated by the top–10 biotech companies exceeded $45bn. Amgen, Genentech and UCB are good examples of leading companies that have experienced strong sales growth in recent years. Principal drugs developed and marketed by the leading companies include Aranesp, Mabthera and Keppra, each with blockbuster sales. Moreover, pipelines of the leading biotech companies remain strong." (Visiongain, 2009) "The plasma–derived products manufactured and sold by Respondents are life–sustaining and life–enhancing biologics indicated for, among other things, the treatment of primary immune deficiency diseases, neurological conditions, severe ... Get more on HelpWriting.net ...
  • 17.
  • 18. Federal Trade Commission Summary The Federal Trade Commission (FTC) has been in protecting consumer privacy on the internet by targeting deceptive and unfair trade practices since the act was establish in 1914( Halbert & Ingulli, 2012, p. 253). According to Halbert & Ingulli (2012) the FTC banned Unfair methods of competition Unfair and deceptive acts and practices False and misleading advertising (p.253). For example, deceptive advertising can mislead customer and causing a change in conduct. According to Halbert & Ingulli (2012) FTC followed Campbell Soup commercial because what the company advertise was not the quality the consumers was receiving (p.253). Although Campbell was "adding marble to the advertising photos making it seem like they were brimming with vegetable" ... Get more on HelpWriting.net ...
  • 19.
  • 20. Social Networing Sites: Befriending Identity Theft Social networking sites are increasingly becoming one of the internet most utilized activities. However, how often does one think that their Facebook site is hazardous to their identity. According to the U.S. Department of Justice, an estimated 11.7 million Americans were victims of identity theft in 2010 (U.S. Dept. of Justice). Identity theft is defined as a crime where someone illegally acquires and utilizes another person's vital information to deceive for personal gain. That same year, the Federal Trade Commission reported that identity theft crimes cost businesses and individuals an estimated $53 billion (Federal Trade Commission). Most Americans are familiar with identity theft but aren't well–informed about the influence it has on ... Show more content on Helpwriting.net ... Best case scenario would be that one is never a victim of identity theft. There can additionally be ramifications reflected in the economy from identity theft crimes. In 2003, identity theft cost businesses over $32.6 billion according to the Federal Trade Commission. Businesses are inclined to charge off debts sustained during identity theft which means everyone pays. Although identity theft should be seen as a threat to be eradicated, there is so much personal information used to complete essential tasks that it's nearly impossible to do so. However, social networking experts have come up with several steps to minimize one's risk of being victimized. (Federal Trade Commission) Other steps for minimizing identity theft consists of obtaining a yearly credit report from all three credit agencies, retaining from distributing any crucial information, using a locked mailbox, being attentive to the schedule of arriving mail, signing up for Federal Trade Commission do not call registry, utilizing passwords on credit cards, bank and phone accounts, not storing financial information on laptops, making sure anti–virus, spyware and firewall programs are active on personal computers, maintaining accurate records and keeping them in a safe. Other things that should be considered when protecting an identity is buying a cross–cut type shredder, being cautious using ATMs, having checks delivered to the bank not one's home address, dropping any mailed forms of payment off at the ... Get more on HelpWriting.net ...
  • 21.
  • 22. Using Bait And Switch Advertising Edward Lazear, an economist who graduated from Stanford, defines bait and switch advertising as when a "low priced good is advertised but replaced by a different good at the showroom." (813) In other words, what is advertised is not the final product. Rather, the advertisement is used to draw in customers who then must settle for the next best thing – according to the company, of course. Additionally, he gives a second definition of bait and switch. This definition is the conditional opposite, though it has the same central meaning: "a seller advertises he has the high–quality good at a low price but replaces it with the identical good, renamed and carrying a higher price." (Lazear 828) Lazear also claims that bait and switch is a "profitable strategy resulting in a fully rational equilibrium with false advertising." (813) The profitable nature of using bait and switch advertising is a direct result of consumer susceptibility. When using bait and switch tactics, enough customers "may be induced into the showroom by advertising to make up for those lost from failing to advertise truthfully" (Lazear 818). However, that profit turns on its head when the company is caught participating in such a practice. One example of bait and switch tactics working against a company is in the case of Laptop & Desktop Repair, LLC. The owner, Vadim Kruchinin, reportedly misled customers with "high–dollar offers to buy back their electronics, only to give consumers far less after they sent ... Get more on HelpWriting.net ...
  • 23.
  • 24. How True Clinical Integration Of Hospitals And Physicians... Introduction The purpose of this paper is to discuss how true clinical integration of hospitals and physicians is impacted by The Federal Trade Commission policy statements. In this context, the term true clinical integration is used to describe engagement and alignment among hospitals and physicians to achieve meaningful clinical process redesign that can change culture and lead to lasting differences in the way care is delivered. This is to differentiate the term clinical integration as an alignment vehicle principally for antitrust liability avoidance purposes. Clinical integration has commonly been viewed primarily as a legal concept that allowed unrelated fee–for–service providers to negotiate joint contracts with payers. ... Show more content on Helpwriting.net ... Section 5 of the FTC Act provides the FTC and DOJ enforcement powers when unfair methods or acts which prohibit competition occur (Pozgar, 2012, p. 98). In general, joint pricing agreements among competitors are treated as per se illegal under Section 1 of the Sherman Act. The Clayton Act includes sections that "prohibit discrimination (e. g., in price), exclusive dealings and similar arrangements", among corporations (anitrustlaws.org, 2015). The Sherman Antitrust Act makes illegal "every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states is declared to be illegal". Areas of concern for healthcare organizations include reduced market competition, price fixing, actions that bar or limit new entrants to the field and preferred provider arrangements (Pozgar, 2012, p. 98). The conviction of the FTC remains in that ccompetition in health care markets benefits consumers. That competition helps to contain costs, improve health care quality, and encourages innovation. That the duty of the Federal Trade Commission as a law enforcer is to protect consumers from harm by stopping firms from engaging in anticompetitive conduct and comply with the nation 's antitrust laws (FTC.gov, 2015). In attempts to address the fractionated health ... Get more on HelpWriting.net ...
  • 25.
  • 26. Deceptive Advertising Marketing Term Paper Principles of Marketing MKT 2423 Angela Hanson Deceptive Advertising Deceptive advertising has been around since the beginning of time and still prevalent today. Sometimes it is done unknowingly by an advertiser, however more often than not; it is done with the intent to mislead the consumer making deceptive advertising a relevant marketing ethics issue. Deceptive advertising is a growing trend among business in our society. This trend includes directly trying to deceive consumers into thinking that they are getting something great but in reality they are getting nothing. All age groups are targeted by deceptive advertising it is just a matter of how consumer savvy you are. Almost all companies are guilty of this ... Show more content on Helpwriting.net ... According to the Better Business Bureau, "an advertisement as a whole may be misleading although every sentence separately is considered true." Second, the Federal Trade Commission examines the misrepresentation from the view of a "reasonable" consumer or particular target group such as the elderly. And finally, "the representation, omission or practice must be a "material one". This means that if the misrepresentation is likely to affect the consumers decision whether or not to use or purchase a certain product or service, this is considered material since the consumer may have decided differently if not for the deceptive advertising (Federal Trade Commission, 1998[on–line]). The 1990's have brought on some new targets for deceptive advertisers as well as a new focus for Federal Trade Commission and the Better Business Bureau. The main target of the 90's include: antioxidant claims, the diet industry for misrepresenting weight loss claims, environmental or green marketing claims for products claiming that they are good for the environment and are not, 900 numbers for misrepresenting the costs of phones call and the internet. In one year, United Weight Control, Nutri/System, Inc, the Diet Center, Physician Weight Loss Clinic, Weight Watchers International, Inc and Jenny Craig had all been cited for deceptive advertising and were made to modify their advertising and marketing practices. The internet has also ... Get more on HelpWriting.net ...
  • 27.
  • 28. Ftc : The Federal Trade Commission What is the FTC? The FTC stands for Federal Trade Commission. The Federal Trade Commission is an independent federal agency created by Congress in 1914 to help prevent unfair business practices, deception, fair trade practices, and unfair competition. The FTC's mission is to protect the consumers by enacting laws to ensure that businesses cannot cheat people out of money and keep businesses from being unethical and immoral. The FTC takes complaints about businesses and investigates them for fraud or unfair labor practices every year (Silbersack, 2013). Duties of the FTC. The Federal Trade Commission's mission is to protect consumers and to promote competition in the marketplace, but that is a very broad statement for what all duties the ... Show more content on Helpwriting.net ... The company stated that consumers could make over $300 a day working from home. The FTC came in and stopped this scam from hurting further consumers and prosecuted the online schemers (www.ftc.gov, 2014). Discussion Events that led to the creation of the FTC. July 2, 1890, the Sherman Anti–Trust Act was the first law passed by congress to prevent monopolistic business practices. Named after Senator John Sherman of Ohio, he had this law to pass the senate with a unanimous vote of 51–1 and the House with a vote of 242–0. President Harrison signed it into law in 1890. The Sherman Anti–Trust Act authorized government to make it illegal to make a "restraint of trade or commerce among the several states or with foreign nations". Those that did not abide by this law resulted in a $5,000 fine and a year in prison. "The Sherman Act was designed to reestablish competition but was loosely worded and unsuccessful to define terms as "trust," "combination," "conspiracy," and "monopoly" (www.ourdocuments.gov, 2013)". Because of this "loosely worded" act, the Supreme Court prevented the federal government from using the act for many years up until President Theodore Roosevelt came along with his "trust–busting" campaigns. In 1904 the Supreme Court finally supported the government in its suit for "termination of the Northern Securities Company and the act was further employed by President Taft in 1911 against the ... Get more on HelpWriting.net ...
  • 29.
  • 30. The Federal Trade Commission Act In 1890, the United States Congress passed the first Anti–Trust Law, called the Sherman Act, in an attempt to combat anti trusts and as a "comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade." (The Antitrust Laws). Twenty four years later in 1914, Congress passed two more Anti–Trust Laws: the Federal Trade Commission Act, which created the Federal Trade Commission whose aim is to protect American consumers, and the Clayton act, which fills in any loopholes in the Sherman Act. Ultimately, these three Anti Trust Acts regulate three core problems within the market: restricting the creation of cartels, restricting the "mergers and acquisitions of organizations which could substantially lessen competition", and prohibit the creation of monopolies in the market ("The Antitrust Laws"). The history of the antitrust laws date back to the late nineteenth century, following the end of the Civil War. This time, known as the Gilded Era, began when entrepreneurs began searching for big profits from their business ideas. Over time, the small business ideas turned into massive corporations. The creation of new ideas and a radical shift towards industrialism led to the Industrial Revolution. Amongst the most powerful corporations during this time were the four that still exist today: John D Rockefeller's Standard Oil Company, Andrew Carnegie's Carnegie Steel, Cornelius Vanderbilt's New York Central Railroad System, and J.P. ... Get more on HelpWriting.net ...
  • 31.
  • 32. Federal Trade Commission Summary Established in 1914, the Federal Trade Commission (FTC), is responsible for ensuring customer protection and preventing monopolistic activities by businesses. As an independent government agency, "The FTC protects consumers by stopping unfair, deceptive and fraudulent practices in the marketplace" ("What We Do," 2013). This is done by inspecting individuals or corporations that violate laws, promoting new regulations for companies to follow and informing consumers of their rights and responsibilities. Another aspect that the FTC controls is promotion of competition, as "it benefits consumers by keeping the prices low and the quality and choice of goods and services high" ("What We Do," 2013). Monopolies have not been a part of the US economic ... Show more content on Helpwriting.net ... Instead of using the traditional messenger model, the network opted to set up their own fee schedule based on their own analysis without any negotiation between the payers and the physicians. Thus, caused an increase in the cost for the payers and had the consumers believe that this was the way the messenger model worked. Nevertheless, the physicians of the network either did not notice or chose not to question the higher reimbursement rates they received over the years. By withholding information about the process and avoiding negotiations between the physicians and harming the consumers, the network not only harmed the consumers but also used deceiving methods to eliminate competition ... Get more on HelpWriting.net ...
  • 33.
  • 34. The Clayton Act: Change Or Change? As time passes, things that we thought were stable and unchangeable, change. New technologies are created, new problems to be solved by congress emerge, more resources are needed to supply the population and ideas accepted before substituted and annulated. And with the Antitrust Act created by a huge name in the United States history of presidents, Theodore Roosevelt. But did this reform really changed from that time to nowadays? It changed in many ways, such as the congress passed Clayton Act , the creation of FTC. With all that information, let's talk more about the Clayton Act. Clayton Act (2)is an amendment passed by U.S. Congress in 1914 that provides further clarification and substance to the Sherman Antitrust Act of 1890 on topics ... Get more on HelpWriting.net ...
  • 35.
  • 36. Dons I believe that George and Mary do have a valid case to file against the Don's fast food restaurant. There is a reason that Don's restaurant is providing burgers and food for the high schools locality which has been contracted with the school authorities. From the results of the health department's survey showing that the food from Don's is causing the children to develop high cholesterol and obesity, with George and Mary's son being one of those children. There are many legal arguments which can help in the favor of the plaintiff's case. First is the Consumer Act, their first right is to apply and know the consumer rights, because misleading trade practices is prohibited by the Act which is against the unfair or a fraudulent business ... Show more content on Helpwriting.net ... It also declares an "unfair method for the sake of competition that affects commerce, and also being involved in the deceptive acts which affect commerce, are declared unlawful." The Don's restaurant is rather famous and has great market value. This means that there must be competitors in the market for Don's restaurant to participate in various acts. The truth will be known once the investigations have been made. Injustice and deception for the consumers symbolizes two separate areas of the FTC authority and enforcement. The FTC has the authority to overtake all the unfair techniques of the competition between the businesses (Macaulay, 1979). The Federal Trade Commission also focuses on theft identity. In this, the FTC helps with the federal store for an individual consumer who complains against the issue related to identity theft. Although the FTC completely does not resolve any individual complaints, it uses accumulated information related, to decide where the federal action must be taken. The plaintiff can raise the complaint by filing the form which is available via online or phone. If the court finds any unfair practices happening during the investigation the restaurant will definitely be under investigation. As per the arguments and claims we discussed it is obvious that the plaintiff wins the case only based on the investigation the judgment has to be concluded as courts usually consider one of the main factors under the consumer acts that ... Get more on HelpWriting.net ...
  • 37.
  • 38. Federal Trade Commission V. Twitter Scandal In the first half of 2009, privacy concerns were elevated in terms of twitter after a hacker gained control of several social figures accounts, including Barack Obama's. The Federal Trade Commision began investigating the privacy dilemma. Months following the initial privacy threat, another hacker gained control of ten more user accounts. Though the first hack was a larger degree of damage, the FTC spent 11 months evaluating both twitter scandals. With primary consideration in the area of consumer safety and security of privacy the FTC finalized twitter's retribution. Twitter promptly responded in agreement to the FTC's demands to develop a security program monitored by an outside company, denouncing twitter's reputation. A news release by ... Show more content on Helpwriting.net ... In The Saint Louis Post–Dispatch, Stone emphasizes Twitter's punishment in harsh tone in hopes to spread awareness in the urgency to change these careless entities running social sites such as twitter. Stone surfaces the need for outside parties intervening Twitter's management skills and declares the, "...setup [of] a security program that will be audited by an outside company," proposing the sites monitors and management teams were unskilled and negligent (Stone). The desperate call for help exposes the corrupt business practices of the social network. This case sheds light on similar issues leading twitter to believe "we think [the FTC] saw it as an opportunity to make an example of us in the hopes of curtailing breaches – including those many more serious than ours – in our industry" (Stone). Emerging the existence of conflicting cases surrounding the entire industry, Stone further builds an argument in agreeance with Kafka's Bureaucracy, suggesting the whole industry of social networking sites to be fraudulent in the interest and pursuit of the privacy of data ... Get more on HelpWriting.net ...
  • 39.
  • 40. Pros And Cons Of The Federal Trade Commission The Federal Trade Commission(FTC) was created in 1914. It was created to ensure that there were no businesses that were anticompetitive; meaning that there wasn't one company or business that was creating a monopoly. The FTC has three main goals; they are to protect consumers, maintain competition, and advance performance. They protect the consumers by preventing fraud and making sure businesses are fair in the marketplace. They maintain competition by preventing companies from merging together and creating a monopoly. Finally, they advance performance by advancing the FTC's performance through organizational, personal, and management excellence. The FTC is very beneficial, and although not everybody knows about it, as a consumer it helps with the economy of every American. Throughout the years since it was created, there has been more laws added that help keep businesses ... Show more content on Helpwriting.net ... In 1906 the Food and Drug Act was officially created by the president at the time that was Theodore Roosevelt. The job of the FDA is to protect the health of the public and doing so by assuring that human and veterinary drugs are safe and secure along with biological products, medical devices , food supply in the US, cosmetics, and products that have been introduced to radiation. It's important because they ensure the foods you are consuming can be eaten without getting you sick. They also ensure the medicine you get is not going to cause harm to you. Without the FDA the drugs we get from pharmacies and the food we get from stores would have the possibility of being very unsafe and hurtful. The FDA has created many regulations that products have to go through to be considered FDA approved. Some of those include the safety of the food we consume, products that contain tobacco, dietary supplements, medications from pharmacies, vaccines, and blood ... Get more on HelpWriting.net ...
  • 41.
  • 42. Protecting The American Consumer : What Is The Federal... Protecting the American Consumer: What is the Federal Trade Commission For the last 100 years a single federal agency has stood to protect the american consumers. The Federal Trade Commission (FTC) was established as an administrative government agency that was created by congress to enforce the Federal Trade Commission Act (FTCA). The FTCA gives authorities the power to prohibit unfair methods of competition as a means to protect consumers. The Commission's mission is dual objective, protect consumers and promote competition. Therefore, we will explore the history of the FTC and how the FTCA has been its foundation. Next, we will look at Section 5 of the FTCA and how it protects consumers. President Woodrow Wilson signed the Federal Trade Commision Act in into law September 26, 1914. The Federal Trade Commission began operating in March 16, 1915 and President Franklin D Roosevelt had its headquarters constructed in 1937 part of a Depression–era building project funded by the government to employ workers. The FTC develops policies to benefit the interests of the consumer by, protecting consumers from unfair, deceptive and even fraudulent practices. FTC's definitions of unfairness includes; consumer injury that is substantial and involves monetary harm, violation of public policies such as statutes, and unethical or unscrupulous conduct. Likewise, FTC recognizes some specific forms of depiction and fraudulent practices like "false oral or written representations, ... Get more on HelpWriting.net ...
  • 43.
  • 44. Data Brokers: The Role Of The Federal Trade Commission (FTC) The difference between ethics and morality are rooted in how you are raised and what type of occupation you are currently doing. Morality or "Morals" are what you inherit or are taught at a young age from your parents, grandparents, or any adult figure that is in your life. Basically your morality are habits that are conducted and learned to be your moral compass of what is acceptable and what is not. According to Quinn (2012) your morals might find you in a difficult situation if say parents or grandparents have different beliefs or religions because you can fall into different societies at the same times your morals might fluctuate depending on the situation. Ethics on the other hand is something that is flying over the morality piece. ... Show more content on Helpwriting.net ... The first rule the purpose and character of the use are determined on what the background is of the reproduction or material. If the character of use is for nonprofit, educational, and personal reasons those will normally fall within the fair use factor. If the reproduction is based solely for commercial reasons it will be in favor of the original copyright holder. The second factor of the nature of the copyrighted work if it is for if it is to be published or fact based citing the information being used it is considered fair use including the mixture of factual and imaginative. Where the fair use factors tend to lean in the original copyrighters material is when it is unpublished and imaginative. When deciding the amount of work used if it is less than 10% it is considered small amount but if it is the main title in a song or a piece of work and repeated over and over again it is considered not to be fair use. The last factor of the economic impact of the use falls outside the lines of fair use is when royalties are not paid for the works used and when it competes against the ... Get more on HelpWriting.net ...
  • 45.
  • 46. Federal Trade Commission (FTC) And William Farley Doing What's Right In the business world companies will run into times that they have to make decision based on ethics. This outcome may not be illegal, but unethical, which is just as important when running a business. Business Ethics is the concept of distinguishing between right and wrong and then making the right choice. The right choice may not always be the easiest or best alternative for the organization financially, but it is the greatest option for the company and its shareholders overall. The idea of business ethics is important to create trust between consumers, the community, and others involved with a given organization. Stanford University Medical Research An example of proper business ethics is seen in the case regarding the Stanford University Medical researcher team. The team studied the correlation between the use of fertility drugs and ovarian cancer. In this case the University notifies the consumers that the study is not certain, but is a possibility. However, based on the research the FDA would like drug manufactures to disclose the study's findings and provide a warning label. I believe the ethical thing for a manufacture to do in this case ... Show more content on Helpwriting.net ... The lawsuit was in regards to a disagreement based on rather or not Farley notified the FTC of his holding in a firm passing $15million. Farley argues that he is in the right because he notified them and the FTC says otherwise. Mr. Farley's lawyers asked the FTC for the documents that related to the case, but they declined the offer. This action made the lawyer for FTC, Mr. Randall question if the FTC was being truthful. He decided to leak the documents to Farley's attorneys anyways. Mr. Farley's attorneys were concerned that they seen the documents against the FTC's permission and decided to give them back and resigned from the ... Get more on HelpWriting.net ...
  • 47.
  • 48. History of the Funeral Rule Essay HISTORY OF THE FUNERAL RULE The roots of the Funeral Rule are found in two books that were published in the late 60's – – Unsafe At Any Speed by Ralph Nader and The American Way of Death by Jessica Midford. In the late 1960's, the FTC was a paper tiger. Ralph Nader, who began the consumer protection movement in this country with the publication of Unsafe At Any Speed, was a sharp critic of the Federal Trade Commission for its lack of consumer protection. Specifically, the FTC was criticized because it relied too heavily on consumer complaints and brought enforcement actions only on a case–by–case basis. The consumer protection movement wanted the FTC to proceed against entire industries rather than individual businesses. The ... Show more content on Helpwriting.net ... In March, 1976, the FTC received over 9,000 comments on the proposed rulemaking. The Final Notice of Rulemaking was published in 1976 and identified 30 disputed areas of fact. These were the focus of six public hearings that were held from April through August of 1976. There were 315 witnesses, many of which provided anecdotal evidence. There was very little empirical data such as surveys and valid economic studies. Following the hearings, the presiding officer issued his report. Additional comments were submitted by the public and the Final Staff Report was delivered to the Commission in 1979. The FTC tentatively approved the Funeral Rule in March, 1979. The funeral industry went to Congress and was able to obtain some relief in the form of the FTC Improvements Act of 1980. That statute imposed new procedural safeguards in the FTC rulemaking process. It also required the FTC to republish the Funeral Rule and take additional comments using the new procedural safeguards. In 1981, the FTC republished the Rule and began a new proceeding. That led to the promulgation of the Funeral Rule in 1982. After the NFDA unsuccessfully appealed the Rule to the Fourth Circuit Court of Appeals, the Rule took effect on January 1, 1984. The Funeral Rule which was finally adopted was less onerous then the one originally proposed. NFDA was successful in having certain provisions deleted from the original Rule such as a requirement to have written ... Get more on HelpWriting.net ...
  • 49.
  • 50. The Federal Trade Commission Act ALJ On November 13, 2015, A Federal Trade Commission's (FTC) Chief Administrative Law Judge (ALJ) held that LabMD did not violate Section 5(a)of the Federal Trade Commission Act (FTC Act) by failing to provide reasonable security for personal information on computer networks. This is the first decision that limits the authority of FTC to regulate businesses that fail to appropriately safeguard their consumers' electronic personal information. FTC first became involved with consumer privacy issues in 1995, when it promoted industry self– regulation. After determining that self–regulation was not effective, FTC began taking legal action under Section 5 of the FTC Act. Section 5 limits practices considered to be unfair to instances where, among other things, 1) the practice causes or is likely to cause substantial injury to consumers; (2) the substantial injury is not reasonably avoidable by consumers; and (3) the substantial injury is not outweighed by countervailing benefits to consumers or to competition. Since 2002, the FTC has brought over 50 cases against companies that have engaged in unfair or deceptive practices that put consumers' personal data at unreasonable risk. Most of these cases resulted in settlements and did not provide judicial decisions addressing the FTC's authority to regulate the data security practices of companies which have suffered a data breach. The first case to test the authority of FTC was FTC v. Wyndham Worldwide Corp. After a data breach ... Get more on HelpWriting.net ...
  • 51.
  • 52. Case Study: The Federal Trade Commission According to the Federal Trade Commission (FTC), there are two red flags that to warn consumers of a pyramid scheme (inventory loading and lack of retail sales). It was determined in a federal appeal court by the FTC that BurnLounge was working an illegal pyramid scheme. The decision was based on the fact that contributors had to pay to join the scheme and were mainly encouraged by recruiting others into the scheme instead of selling products. The courts did not rule that Herbalife's commission produced from goods vended to contractors were unlawful. Unlike BurnLounge, Herbalife focused on both the recruitment of contributors and sells to consumers. The cost to join BurnLounge is an annually fee up to $429.95 and Herbalife fee is a one–time ... Get more on HelpWriting.net ...
  • 53.
  • 54. Antitrust: Cartel and Federal Trade Commission Research Paper – Antitrust Introduction The purpose of this paper is to discuss antitrust law with regard to federal regulations. In the form of a case study, this paper will examine the legal obstacles faced by the merger proposal between US Airways Group Inc. and American Airlines' parent corporation AMR. The focus of the paper is to examine the legal hurdles posed by antitrust laws used to block the merger and then briefly explore possible ethical issues associated with allowing US Airways Group Inc. and AMR to merge. Antitrust Laws There are three core federal antitrust laws in effect today in our US legal system. They are the Sherman Act, The Federal Trade Commission Act, and the Clayton Act ... Show more content on Helpwriting.net ... External Obstacles In 2005, US Airways and AMR publically proposed a merger that was met with a great deal of resistance. The government has the responsibility to regulate mergers to ensure the merger doesn't violate antitrust laws. This merger had to be reviewed by several agencies such as the U.S. Justice Department, the U.S. Department of Transportation, the Air Transportation Stabilization Board, the Security and exchange commission, and U.S. Bankruptcy Courts. This was a very high profile merger proposal and it was met with a great deal of opposition (Cobb, et al., 2006). The airline eventually won Department of Justice approval but had to agree to give up some airport slots to clear antitrust concerns. Both airlines agreed to the terms in order to keep the merger proposal alive (Majcher & Russell, 2013). Because of a Philadelphia to London route the proposed merger also had to gain some clearance by the European Commission. The airlines once again agreed to give up the route to alleviate any international anti–competitive effects (Knibb, 2013). Ethical Concerns The Department of Justice and six state attorneys–general together filed a suit against the merger arguing that the merger would lead to an increase in airfare, in fees, and also limit choices also the merger agreement will cost workers jobs as American Airline was forced to relinquish hub status at several ... Get more on HelpWriting.net ...
  • 55.
  • 56. An Unfair Trade Practice Of Making Any Oral The consumers are average citizens engaging in business deals such as buying goods or borrowing money to gain satisfaction. Generally, consumer transactions include purchases of goods or services for personal, family, or household use and these are presumed fair because it is assumed that buyers and sellers are in equal position to bargain. This premise may not always hold true because the fundamental thought process of individuals is to make benefit by any methods. The methods may be reasonable or unreasonable, allowed or restricted, lawful or illicit. An unfair trade practice means a trade practice, which, for the purpose of promoting any sale, use or supply of any goods or services, adopts unfair method, or unfair or deceptive ... Show more content on Helpwriting.net ...  Gives any warranty or guarantee of the performance, effectiveness or lifespan of the goods, which is not tested adequately or properly.  Makes to the public a representation in the form that purports to be– a warranty or guarantee of the goods or services, a promise to return, maintain or repair the goods until it achieves a specified result, in case such depiction is not true or there is no reasonable chances that such warranty, guarantee or promise will be fulfilled.  Materially misleading about the cost at which such goods or services are available in the marketplace.  Gives false or misleading statements about the goods, services . FALSE OFFER OF BARGAIN: Where an ad is printed in a newspaper and goods or services are offered at a bargain price when in fact there is no intent that the same may be offered at that price, for a reasonable period or reasonable quantity, it shall lead to an unfair trade practice. The 'bargain price ', can be defined as the price stated in the advertisement in such manner that it is lesser than the original price, or the price which any person coming across the advertisement would consider to be better than the price at which such goods are generally sold. FREE OFFER GIFTS AND PRIZES: The unfair trade practices under this category are:  Providing any gifts, prizes or other items along with the goods when the real intention is to get some benefit.  ... Get more on HelpWriting.net ...
  • 57.
  • 58. Communication Laws : False Advertising And Communication Law False Advertising and Communication Law Throughout history, United States courts have remained hesitant to protect commercial advertising under the First Amendment, mainly due to the number of false claims and exaggeration (Tedford & Herbeck, 2013). Prior to the government controlling false advertising, consumers had to rely solely on common–law remedies such as civil suits and various state laws; a method that proved ineffective (Tedford & Herbeck, 2013). However, since the creation of the Federal Trade Commission in 1914, consumers have gained the deserved protection against deceptive and unfair business practices (FDA, 2015). Federal Trade Commission In 1914, the Federal Trade Commission Act was passed, creating a federal agency that aims to protect consumers against deceptive and false advertising, as well as increasing informed customer choice (Tedford & Herbeck, 2013). The FTC conducts investigations, creates policies and rules, sues companies and people that violate these laws, as well as educates consumers and business about their rights (Tedford & Herbeck, 2013). False Advertising The FTC defines false advertising as a tactic that either misleads consumers or affects a consumer's decision regarding a product or service (Federal Trade Commission [FTC], 2000). According to the Federal Trade Commission, federal law states that ads must be truthful and not misleading; and it is the job of the FTC to enforce these laws (2000). For an advertisement to not be ... Get more on HelpWriting.net ...
  • 59.
  • 60. 1Business Ethics Is The Application Of Essay 1. Business ethics is the application of legal and regulatory standards to business situations. a. True b. False 2. Misleading advertising in print or television is illegal as well as unethical. a. True b. False 3. Cultural norms can play a part in a person's ethical or unethical behavior in the workplace. a. True b. False 4. Regulations and laws were much stricter in the first quarter of the twentieth century than they are now. a. True b. False 5. The Interstate Commerce Act was the first federal act to regulate business practices. a. True b. False 6. A Latin phrase, caveat emptor, summarizes the vulnerable position that consumers were in the early 1900s. a. True b. False 7. The EPA is a federal agency ... Show more content on Helpwriting.net ... /a. True b. False 5. A responsibility audit is a comprehensive report of what an organization is going to do in regard to social issues. / a. True b. False 6. Noise pollution might be addressed by workers being required to wear earplugs to guard against hearing damage. a. True / b. False 7. The courts of the U.S. have ruled that quotas in affirmative action programs are unconstitutional. / a. True b. False 8. The Wall Street Reform and Consumer Protection Act was passed in 2009. / a. True b. False 9. The Cigarette Labeling Act and the Fair Packaging and Labeling Act are part of federal legislation that helps protect consumers. a. True /b. False 10. Both President Gerald Ford and President Bill Clinton contributed legislation to the consumer bill of rights. /a. True b. False 11. The __________ Act provides sweeping legislation for reporters of corporate misconduct. a. American Recovery and Reinvestment b. Federal Trade Commission c. Consumer Product Safety Commission d. Accountability and Transparency in Rating Agencies /e. Sarbanes–Oxley 12. The __________ enlarged the solid–waste disposal program and provided for enforcement by the EPA. a. National Environmental Policy Act /b. Resource Recovery Act c. Resource Conservation and Recovery Act d. American Recovery and Reinvestment Act 13.
  • 61. Which of the following is false about business and social responsibility in the first quarter of the twentieth ... Get more on HelpWriting.net ...
  • 62.
  • 63. Ftc Settlement Order Bars Texas Doctors ' Group From Joint... FTC REVIEW AND DISCUSSION: FTC Settlement Order Bars Texas Doctors ' Group from Joint Price Negotiations Review: The following allegation is upon Southwest health alliance who runs under BSA provider network in the region of Amarillo, Tyler, TX who is believed to be respondent under section 5 of Federal Trade Commission Act where the Respondent has exhibited Anticompetitive Conduct in the market and which incurred the reduction of consumer benefits in the healthcare market. Upon being proved guilty of allegations, Federal Trade Commission along with the help of Office of Texas Attorney General purposed few judgements in the form of consent order which involves settlements purposes. In detailed overview of this allegation, Federal Trade ... Show more content on Helpwriting.net ... For all this contracting procedure, physicians can opt to choose a messenger which is known as ''messenger model'' under this the messenger can accept the contract terms from the payers and should inform the physicians and collect the decision unilaterally whether physicians agreed to the terms or not. Similarly, with the consent of physician group messenger can offer the proposed contract by the physicians to payers. In this instance, BSA Provider Network as a messenger under the contracting terms of '' messenger model'' was implemented has made a conspiracy plot of making its own decisions by making its own fee schedule instead the decision should be coming from the physicians association in receiving and offering contracts to the payers. Although, BSA provider network has fixed charges many physicians would provide healthcare procedures under their own fee–for–schedule to independent patients, self–insured employers coming out of the terms of BSAPN. Also, BSA provider network many renegotiations with several payers on behalf of physicians intending that the independent physician ... Get more on HelpWriting.net ...
  • 64.
  • 65. Federal Trade Commission Artemiy Andreev Ms.Brown February 15, 2016 The Federal Trade Commission Research The Federal trade commission or called the FTC was created in 1914. The Federal Trade Commission Act is the act that started this commission and its purpose was to prevent unfair methods of competition in commerce as a part of the battle to "bust the trusts." They also did this act to enhance the informed consumer choice and public understanding of this competitive process; and another reason was to accomplish this without the unduly burdening of legitimate business activity. The FTC deals with issues that do with the touchline of pretty much every American in the USA. These guys from the Federal Trade commission do an awesome job of saving and ... Show more content on Helpwriting.net ... The Federal Trade Commission is a great federal project that does a lot of things in order to protect consumers rights not only in real life but also in virtual ... Get more on HelpWriting.net ...
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  • 67. Federal Trade Commission The Federal Trade Commission is an independent agency of the U.S. government that was established in 1915 and charged with keeping American business competition free and fair. The FTC has no jurisdiction over banks and common carriers, which are under the supervision of other governmental agencies. It has five members, not more than three of whom may be members of the same political party, appointed by the President, with the consent of the Senate, for seven–year terms. The act was part of the program of President Wilson to check the growth of monopoly and preserve competition as an effective regulator of business. The Federal Trade Commission enforces a variety of federal antitrust and consumer protection laws. The Commission seeks to ... Show more content on Helpwriting.net ... History has shown that societies that promote vigorous competition among private companies have lower prices, better products, and greater consumer choice. The antitrust laws are the basis of this national policy. These laws, enforced by both the federal and state governments, require companies to compete in the marketplace. The Sherman Act, the first federal "antitrust law," was enacted in 1890, at a time when there was enormous concern about "trusts" –– combinations of companies that were able to control entire industries. Since then, other laws have been enacted to supplement the Sherman Act, including the Federal Trade Commission Act and the Clayton Act (1914). With some revisions, these laws still are in effect today. They have the same basic objective: making sure there are strong economic incentives for businesses to operate efficiently, keep prices down, and keep quality up. When consumers decide to purchase a product or service a car, a new refrigerator, or prescription drugs, the goal of the antitrust laws is to make sure their choices are not restricted unreasonably. Consumer choice is a powerful incentive for the sellers of any products to keep their prices low and their quality high. When the antitrust laws are vigorously enforced, businesses must respond to what consumers want. A business that ignores consumer wishes, by refusing either to keep prices competitive or to offer ... Get more on HelpWriting.net ...
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  • 69. Antitrust Laws Of The Sherman Act And The Ftc Act Antitrust are a series of laws designed to protect competition in the marketplace. Antitrust laws prevent restraints of trade or commerce. Black's Law Dictionary defines antitrust laws as "[t]he body of law designed to protect trade and commerce from restraints, monopolies, price–fixing, and price discrimination." The main law regulating antitrust is the Sherman Antitrust Act, which makes it illegal for individuals or groups to restrain trade or commerce. Besides the Sherman Act, the other law that factors into Dental Examiners is the Federal Trade Commission Act, which prohibits any " [u]nfair methods of competition." This law serves as the basis for the majority of Federal Trade Commission lawsuits such as Dental Examiners. The ... Show more content on Helpwriting.net ... While the Court found that the standards were an antitrust activity, it was not unreasonable because it was for the purpose of protecting athletes, not controlling the market. In summation, antitrust laws prevent only unreasonable restraints of trade, which is based upon the circumstances of the restriction. Goals of Antitrust Law Antitrust laws are meant to protect competition in markets. They try to ensure that all individuals have an "equally opportunity in honest competition." Early in the nation's history, there was widespread fear of the dangers of monopolies and other restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act to prevent limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve "economic freedom" and a "free–enterprise system." Specifically, it attempts to preserve "the freedom to compete" for businesses. In a practical sense, antitrust laws are seeking to prevent burdens on competition in the marketplace. Damages in Antitrust Lawsuits Antitrust plaintiffs have many different remedies available to them under Federal antitrust law. Plaintiffs can receive damages for any loss they sustained from the antitrust activity. For example, if an antitrust activity prevented a salesperson from conducting their normal profession then that person would likely be able to recover damages for that loss. In antitrust law, plaintiffs receive "treble damages," ... Get more on HelpWriting.net ...
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  • 71. Federal Trade Commission And Dental Examiners Introduction Last February, the Supreme Court issued its opinion in North Carolina State Board of Dental Examiners v. Federal Trade Commission (Dental Examiners). The case concerned the Board's decision to stop teeth whitening services by non–dentists in the state. The Federal Trade Commission alleged that the Board had violated antitrust laws by attempting to limit competition by its teeth whitening decision. State entities such as the Board generally were thought to have immunity from antitrust laws, but the Supreme Court's decision reversed this long–held belief and found that state boards could be held liability if certain conditions were met. The major condition was that the board be made up of a majority of active market ... Show more content on Helpwriting.net ... Finally, the second part will address how states have responded to Dental Examiners, and what Kansas can do to address the decision. Background To be understand the Dental Examiners decision, it is important to understand the legal background for the case. To do this, we first have to examine the broader area of law that surrounds antitrust liability. Secondly, we need to examine the Parker doctrine, which creates antitrust immunity for states. Finally, we need to look at Dental Examiners itself and its background. Antitrust Liability A preliminary question is what is antirust liability? While there are other statutes, the Sherman Antitrust Act is the signature law prohibiting antitrust activity. The act defines antitrust activity as any "restraint of trade or commerce." It also prevents persons from monopolizing or attempting to monopolizing trade. The act is only concerned with restrains of trade that are "unreasonably restrictive of competitive conditions." A secondary requirement is that there be "concerted action," which requires more than unilateral behavior by individual actors. Examples of antitrust violations include price–fixing, allocations of territory or customers, and exclusive dealing agreements. Antitrust laws can be enforced either through actions brought by ... Get more on HelpWriting.net ...
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  • 73. How Did Woodrow Wilson Progressivisms Yesmin Whitehead Group Presentation: Progressivisms Woodrow Wilsons Acts to Progressivisms In the year of 1912, Democrat electoral candidate Woodrow Wilson was running in the Presidential Election against T.R. Roosevelt, W. Taft and E. Debs. After winning by a sland slide, and being nominated as the 28th President of the United State. President Wilson quickly went to work to save this nation from them, thus he created 2 antitrust laws and establishing the first federal bank. Thus, in 1912 Wilson started to reshape America The Federal Reserve Act of 1912 was the beginning of President Wilson's one of three progressivisms acts, within the first 2 yrs. of him being in power. This was Wilson's first act as President and his progressive movement to help and stabilize a nation from an economic depression, unfair labor exploitations, and end of corporate monopolies. "I do not want a government that will take care of me," he declared. "I want a government that will make other men take their hands off so I can take care of myself." Woodrow Wilson: This act states law help reconstructed the national banking and currency system. This was an effort to regulate the country 's credit and monetary affairs. It provided a central institution that could hold the reserves of the commercial banks and increase those reserves, thereby making the nation 's money supply more elastic in order to cope with changing economic conditions, especially with an economy recovering from a depression. In ... Get more on HelpWriting.net ...
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  • 75. The Impact Of The Federal Trade Commission When the news that President McKinley had died reached J. Pierpont Morgan, his response was, "'This is sad, sad, very sad news. It is very sad news, very sad'" (Gilmore and Sugrue 74). The powerful financier and banker of the Progressive Era counted on McKinley's campaign manager to maintain a laissez–faire market in which he could continue his railroad enterprises, namely the company he co–owned, Northern Securities, which was created to fight off competition and create a monopoly on nearly half of the nation's transportation system. When Roosevelt assumed McKinley's office, he investigated Northern Securities under the pretense that they had violated the Sherman Antitrust Act. Finding them guilty, a suit was filed. The case was taken to ... Show more content on Helpwriting.net ... Monopolies defied the principles of a free market by promoting income inequality and giving individuals an opportunity to control the price. Roosevelt said concerning them, "[W]here, in either [unions] or [corporations], there develops corruption or mere brutal indifference to the rights of others, and short–sighted refusal to look beyond the moment's gain, then the offender, whether union or corporation, must be fought" (These United States 73). The Sherman and Clayton antitrust acts were Congress's attempt to fight back. However, the Sherman Act failed to define monopoly and the Clayton Act was merely a civil statute which carried no criminal penalties. In response to those weaknesses, the Federal Trade Commission was created and given authority to enforce the acts' provisions and "protect consumers by preventing anticompetitive, deceptive, and unfair business practices... and accomplishing this without unduly burdening legitimate business activity" ("About the FTC"). The Federal Trade Commission's responsibilities included preventing and dissolving monopolies, bringing civil law suits against violators of the law, and monitoring the business community for violations of law (Davis). Since its creation, rules such as the Telemarketing Sales Rule, Pay–Per–Call Rule, and Equal Credit Opportunity Act were placed under the Commission's jurisdiction, increasing their magnitude. However, in the Constitution Congress is given power, "[t]o regulate ... Get more on HelpWriting.net ...
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  • 77. President Woodrow Wilson And The Federal Trade Commission... President Woodrow Wilson was a successful progressive president because of his actions on demanding a stronger antitrust legislation, banking reform, and reduced tariffs. First, President Wilson created the Clayton Antitrust Act of 1914 and the Federal Trade Commission Act of 1914. The Clayton Antitrust Act prohibited corporations from acquiring the stock of another company. Also, the act allowed labor unions and farm organizations. The Federal Trade Commission is an organization that was given the power to investigate violations of regulatory statutes, require periodic reports from corporations, and put an end to a number of unfair business practices. These two antitrust measures was important because it prevented monopoly corporations and ... Get more on HelpWriting.net ...
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  • 79. Federal Trade Commission and the Act | Federal Trade Commission and the Act | Prepared for ASCM630.9040, Professor Charles Carey | Candy Mott–Harris 3/26/2012 | Contents ABSTRACT 2 HISTORY OF THE FEDERAL TRADE COMMISSION ACT 2 FALSE AND DECEPTIVE ADVERTISING 5 BAIT AND SWITCH ADVERTISING/TACTICS 8 CONSUMER FRAUD 10 IDENTIFYING, VERIFYING AND PREVENTING DECEPTION 12 CLOSING STATEMENTS ABOUT THE FEDERAL TRADE COMMISSION 13 BIBLIOGRAPHY 14 ABSTRACT The paper will serve as a historical background overview of how the Federal Trade Commission Act (FTC) came into existence. The paper will also break down the key components for which the FTC covers, such as deceptive advertising, baiting and switching and consumer fraud. There will be examples ... Show more content on Helpwriting.net ... One of the key components was that now, civil penalties could be assessed for failure to follow FTC's orders, such as cease and desist orders, should the respondent ignore the order. Previously, they would just be sanctioned. In addition, the amendment to Section 5 was to include unfair and deceptive acts or practices. Prior to this passage of the Wheeler–Lea Act, it was the burden of the FTC to prove unfair methods of competition. The Wheeler–Lea Act expanded on the food and drug advertising, as well. (Brown, 1947) Over the next few decades, the FTC saw changes, many fleeting and few with staying power. There were also staffing issues from the 1930s to present. In addition, at one point in time, when the FTC was tasked with enforcing labeling and identification, especially within the textiles and furs industry, many felt that the FTC overzealously pursued labeling claims. FTC also saw other challenges such as scathing reviews by critics consistently accusing the FTC of falling short. From 1933 through 1935, there were significant turnovers of leadership areas including the Commissioner's position. Critics would claim that the Commission had become complacent after the existing board remained in place from 1935 to 1945. (Federal Trade Commission, 2004) William Brown wrote that "The changes," as a result of the passage of the Wheeler–Lea Act, "added certain teeth to the law and made
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