Statutes Enforced or Administered by the Commission

The Commission has enforcement or other responsibilities under more than 70 laws. They appear, below, with the Commission’s primary statutes (the Federal Trade Commission Act and the Clayton Act) listed first followed by all other statutes in alphabetical order.

Displaying 41 - 60 of 71

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International Antitrust Enforcement Assistance Act of 1994

Mission:

Competition

Law:

15 U.S.C. §§ 6201-6212

The Act authorizes the Federal Trade Commission and the Justice Department to enter into mutual assistance agreements with foreign antitrust authorities. Under such agreements, U.S. and foreign authorities may share, subject to certain restrictions, evidence of antitrust violations and provide each other with investigatory assistance.

Interstate Commerce Commission Termination Act of 1995

Mission:

Competition

Law:

Pub. L. No. 104–88, 109 Stat. 803, codified in relevant part at 49 U.S.C. §10706

Section 102(a) of this Act, authorizing rail carrier rate agreements exempt from the antitrust laws, requires the Federal Trade Commission, in consultation with the Department of Justice, to file with the Surface Transportation Board within the Department of Transportation periodic reports that assess and make recommendations concerning possible anticompetitive features of rate agreements among common carriers.

Made in USA Provisions of the Violent Crime Control and Law Enforcement Act of 1994

Mission:

Consumer Protection

Law:

Pub. L. No. 103-322, 108 Stat. 1796, codified in relevant part at 15 U.S.C. § 45a

Under Section 320933 of the Act, labels representing that a product is "Made in America" or "Made in the U.S.A." must conform with the domestic content requirements for such claims established by the Commission's decisions and orders.

Magnuson Moss Warranty-Federal Trade Commission Improvements Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 2301-2312

Title I of this Act authorizes the Federal Trade Commission to develop regulations for written warranties. The Act directs the Commission to establish disclosure standards for written warranties, specifies standards for “full” warranties, limits disclaimer of implied warranties, and establishes consumer remedies for breach of warranty or service contract obligations. The E-Warranty Act of 2015, Pub. L. No. 114-51, 129 Stat. 494, amending this Title, requires the Commission to revise its rule on pre-sale availability of warranties to provide that disclosure of a warranty on the manufacturer's website complies with the rule so long as (a) the location of the website and an offline means of obtaining the warranty are indicated on the product, packaging, or manual, and (b) the seller makes the warranty available at the location of the sale before purchase.

Magnuson-Stevens Fishery Conservation and Management Act, as amended by the Consolidated Appropriations Act of 2004

Mission:

Competition

Law:

Consolidated Appropriations Act, 2004, Pub. L. No. 108-199, 118 Stat. 3, amending the Magnuson-Stevens Fishery Conservation and Management Act, codified in relevant part at 16 U.S.C. § 1862

Section 801 of the Consolidated Appropriations Act instructs the Secretary of Commerce to implement a cooperative program for crab fisheries of the Bering Sea and Aleutian Islands, in which individuals receive processing quotas. The Act further specifies that it does not constitute a waiver of antitrust laws and instructs the Secretary of Commerce, in consultation with the DOJ and the FTC, to implement a mandatory information collection and review process to enable the DOJ and the FTC to determine if anyone receiving a quota under the program has committed any acts that violate any of the antitrust laws.

Medicare Prescription Drug, Improvement, and Modernization Act of 2003

Mission:

Competition

Law:

Pub. L. No. 108-173, 117 Stat. 2066, codified in relevant part at 21 U.S.C. § 355(j) (Section 1102), 21 U.S.C. § 355 note (Sections 1111-1118)

Section 1102 provides that an applicant for an abbreviated new drug approval may forfeit certain exclusive marketing rights in specified circumstances, including an FTC or court determination that the applicant has entered into an anticompetitive agreement with certain other entities. Sections 1111-1118 require agreements between brand-name and generic pharmaceutical companies regarding the manufacture, marketing, and sale of generic versions of brand-name drug products to be filed with the Commission and DOJ.

Military Lending Act

Mission:

Consumer Protection

Law:

10 U.S.C. § 987

The Military Lending Act, as amended, imposes a 36% rate cap, bans mandatory arbitration, and imposes other restrictions, and requires disclosures for “consumer credit” (as defined by rule issued by the Department of Defense (DoD)) extended to service members and their dependents. The FTC enforces the Act as to most non-depository institutions, and is part of the interagency group with whom the DoD is required to consult at least every two years.

Mortgage-Related Provisions of Omnibus Appropriations Act of 2009, Title VI, Section 626

Mission:

Consumer Protection

Law:

12 U.S.C. § 5538

Section 626 of this Act (now codified at 12 U.S.C. § 5538) directs the Federal Trade Commission to initiate rulemaking relating to unfair or deceptive acts or practices regarding mortgage loans, including loan modification and foreclosure rescue services. It also authorizes the FTC to enforce the rules and obtain civil penalties for violations. Under the Dodd-Frank Act, the rulemaking authority transferred to the Bureau of Consumer Financial Protection, but the FTC retains its enforcement authority.

Motor Vehicle Information and Cost Savings Act

Law:

Pub. L. No. 92-513, 86 Stat. 947, now codified in relevant part at 49 U.S.C. §§ 32908, 32912-32913, and 32918, and 42 U.S.C. § 6363

Provisions added to this Act by Section 301 of the Energy Policy and Conservation Act (a) provide for Commission enforcement of fuel economy labeling requirements under the FTC Act, except for penalty provisions, as well as for EPA consultation with the Commission regarding labeling (49 U.S.C. § 32908); (b) provide for the Commission to advise the Department of Transportation on rules for assessing penalties against automobile manufacturers for violating average fuel economy standards, and to certify that a reduction in a particular penalty assessed is necessary to prevent a substantial lessening of competition (49 U.S.C. § 32912-32913); (c) require the Commission to establish a program for systematically examining fuel economy representations for retrofit devices (49 U.S.C. § 32918), and (d) give the Commission certain duties with respect to labeling of recycled oil (42 U.S.C. § 6363).

 

Muhammed Ali Boxing Reform Act

Mission:

Competition

Consumer Protection

Law:

15 U.S.C. §§ 6301-6313

This Act, amending the Professional Boxing Safety Act of 1996, specifies that a sanctioning organization may not receive any compensation from a boxing match unless it files its bylaws and a complete description of its ratings criteria, policies, and general sanctioning fee schedule with the FTC. The Act further directs the FTC to make this information available to the public. A sanctioning organization does not have to submit this information to the FTC, however, if it makes the information accessible through a public website.

National Cooperative Research and Production Act of 1993

Mission:

Competition

Law:

15 U.S.C. §§ 4301-4306

This Act establishes certain protections for any joint research, development, or production venture as to which a voluntary, prior written notification has been filed with the Attorney General and the Federal Trade Commission. Specifically, in any antitrust suit brought under the Clayton Act relating to the conduct of such a venture, recovery by the plaintiff is limited to actual damages, interest, and reasonable attorney's fees. The Standards Development Organization Act of 2004, amending this Act, is listed separately.

Outer Continental Shelf Lands Act Amendments of 1978

Mission:

Competition

Law:

Pub. L. No. 95-372, 92 Stat. 629, codified in relevant part at 43 U.S.C. §§1337, 1344

Section 205(b) of this Act directs the Attorney General, in consultation with the Commission, to conduct antitrust reviews and make recommendations to the Secretary of the Interior respecting the expected competitive effects of proposed leases for the extraction of oil and gas from the Outer Continental Shelf. Section 205(d) of this Act provides that the Attorney General, in consultation with the Commission, may submit comments to the Secretary of the Interior on the anticipated competitive effects of Outer Continental Shelf oil and gas leasing programs that it proposes.

See also: http://uscode.house.gov/view.xhtml?hl=false&edition=prelim&req=granuleid%3AUSC-prelim-title43-section1344&edition=prelim

Packers and Stockyards Act

Mission:

Competition

Consumer Protection

Law:

Aug. 15, 1921, ch.64, 42 Stat. 159, codified in relevant part at 7 U.S.C. §§ 181-229, in particular, § 227

Section 406 of this Act (7 U.S.C. § 227) provides the Commission with jurisdiction over transactions in poultry products and margarine; and over retail sales of meat, meat food products, and livestock products in unmanufactured form. The Section also provides the Commission with jurisdiction over non-retail activities involving meat, meat food products, or livestock products in unmanufactured form, that are subject to the authority of the Secretary of Agriculture under this Act, in either of two instances: if the Secretary of Agriculture so requests, or, in certain circumstances, where the Commission needs to exercise such jurisdiction in order for it to exercise effective jurisdiction over retail sales of such products.

See also: http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section227&edition=prelim

Pandemic and All-Hazards Preparedness Act

Mission:

Competition

Law:

Pub. L. No. 109-417, 120 Stat. 2831, codified in relevant part at 42 USC 247d–6a note

Section 405 of the Act provides for the Commission and the Department of Justice to participate in developing, implementing, monitoring and reporting on consultations among, and voluntary agreements established by, entities creating pandemic and biodefense drugs and vaccines under a limited antitrust exemption established by the Act.

Patient Protection and Affordable Care Act, Sections 3012 and 4001

Mission:

Competition

Consumer Protection

Law:

Pub. L. No. 111-148, 124 Stat. 119, codified in relevant part at 42 U.S.C. § 280j note and 42 U.S.C. § 300u-10

This Act to reform health care provides for the FTC to participate in the Interagency Working Group on Health Care Quality and the National Prevention, Health Promotion and Public Health Council, both established under the Act.

See also: http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300u-10&edition=prelim

Restore Online Shopper's Confidence Act

Mission:

Consumer Protection

Law:

15 U.S.C. §§ 8401-8405

This Act prohibits any post-transaction third party seller (a seller who markets goods or services online through an initial merchant after a consumer has initiated a transaction with that merchant) from charging any financial account in an Internet transaction unless it has disclosed clearly all material terms of the transaction and obtained the consumer's express informed consent to the charge. The seller must obtain the number of the account to be charged directly from the consumer.

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