International Monthly: January/February 2019

In March, the FTC’s hearings on competition and consumer protection will turn to the agency’s international work. The hearing, “The FTC’s Role in a Changing World,” will take place at FTC Headquarters in Washington, D.C. on March 25-26. The hearing will explore the FTC’s international role in light of globalization, technological change, and the increasing number of competition, consumer protection, and privacy laws and enforcement agencies around the world. Speakers will address the implications of international developments on the FTC’s work on behalf of American consumers. At the hearing, the FTC will consider: the effectiveness of its enforcement cooperation tools and approaches in light of new challenges in competition, consumer protection, and privacy matters; approaches to promoting international policy coordination and best practice development; and strategies for international enforcement and policy engagement given today’s dynamic global marketplace. The agency seeks public comment on the questions posted in the press release. Comments may be submitted online and are due May 24. Information will be posted here about livestreaming of this event. Click here for information about additional hearing sessions, including sessions rescheduled due to the recent lapse in government funding.

FTC Enforcement Actions Yield More than $2.3 Billion in Refunds to Consumers between July 1, 2017 and June 30, 2018

According to the 2018 Annual Report on Refunds to Consumers issued by the FTC’s Office of Claims and Refunds, the agency’s law enforcement actions yielded more than $2.3 billion in refunds to defrauded consumers, including $122 million mailed directly by the FTC to 2.2 million people. The total amount returned to consumers, which includes refunds distributed by defendants as a result of FTC actions against them, was almost eight times more than the Commission’s entire budget for fiscal year 2018. During the period covered by the report, the FTC mailed checks in more than 38 cases. The $2.3 billion reported in this year’s report includes refunds from the landmark settlement with Volkswagen that required the company to offer a buyback program for owners of VW and Audi diesel cars fitted with illegal emissions defeat devices.

The FTC has joined the U.S. Food and Drug Administration (FDA) in sending three warning letters to companies it believes may be violating the FTC Act by making false or unsubstantiated health claims. Specifically, the FTC and FDA are warning about advertisements claiming to treat Alzheimer’s and remediate or cure other serious illnesses including Parkinson’s, heart disease, and cancer.

ALJ Upholds FTC’s Complaint Challenging Titanium Dioxide Merger

In an Initial Decision, Chief Administrative Law Judge D. Michael Chappell upheld allegations in an FTC complaint challenging the merger of Tronox Limited and Cristal, two top suppliers of chloride process titanium dioxide (“TiO2”), a white pigment used in a wide variety of products, including paint, industrial coatings, plastic, and paper. The decision held that the evidence proved that the planned acquisition may substantially lessen competition in the relevant market for the sale of chloride TiO2 in North America. It concluded that the planned acquisition would create a highly concentrated market and increase the likelihood of coordinated conduct among the remaining firms. Judge Chappell ordered the parties to terminate the proposed acquisition agreement.

Office supply distributors Staples Inc. and Essendant Inc. agreed to establish a firewall separating Staples’ business-to-business sales operations from Essendant’s wholesale business to resolve FTC concerns that the companies’ proposed $482.7 million merger may harm competition in the market for office supply products sold to small- and mid-sized businesses. According to the FTC complaint, Staples competes with Essendant-sourced independent dealers and, as a result of the merger, Staples would have access to commercially-sensitive business information on Essendant’s customers. The Commission vote to accept the settlement was 3-2, with Commissioners Slaughter and Chopra dissenting, the other Commissioners issuing a joint statement, and Commissioner Wilson also issuing a separate statement.

FTC Chairman Testifies before House Subcommittee

On behalf of the Commission, Chairman Simons testified before the House Subcommittee on Regulatory Reform, Commercial and Antitrust Law, on competition enforcement activities and policy priorities. In his testimony, Chairman Simons outlined recent FTC initiatives to preserve and promote competition for the benefit of American consumers. These include notable victories stopping anticompetitive mergers and conduct, public hearings on a variety of competition and consumer protection issues, and advocacy.

New FTC Data Spotlight Details Big Jump in Losses, Complaints about Romance Scams

Complaint data released by the FTC shows romance scams generated more reported losses than any other consumer fraud type reported to the agency in 2018. The number of romance scams reported to the FTC has grown from 8,500 in 2015 to more than 21,000 in 2018, while reported losses to these scams more than quadrupled in recent years—from $33 million in 2015 to $143 million last year. The median reported loss was $2,600, with those 70 and over reporting the biggest median losses at $10,000. Romance scammers often find their victims online through a dating site or app or via social media.