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FTC Staff Submits Comment to FERC on Allocation of Capacity on Merchant Electricity Transmission Projects

The Federal Trade Commission staff submitted a comment to the U.S. Federal Energy Regulatory Commission (FERC) providing views on supporting electricity market competition in the review of transmission lines proposed by merchant firms. The FTC staff comment is in response to a FERC workshop on ways to extend open-access, non-discriminatory policies to the allocation of capacity on lines that merchants propose.

Power transmission lines proposed by merchant firms would exist alongside transmission projects that utilities plan and build through regional transmission planning processes. Transmission lines have significant implications for competition and consumers, because
they can provide access to more electricity suppliers, including distant, lower-cost generation. On the other hand, inadequate transmission capacity can prevent resources from competing and give some firms significant market power within the transmission-constrained area, potentially at the expense of consumers.

Workshop participants considered whether FERC could achieve open access and non-discrimination by requiring public notice of a new transmission line, followed by private, bilateral negotiations over access. As an alternative, participants considered whether FERC should use an auction-like “open season” to allocate at least some of a line’s capacity on pre-announced terms.

In the comment, staff from the FTC’s Office of the General Counsel and Bureau of Economics stated that neither of those options would prevent firms from exercising market power. For example, firms could seek to undersize lines in order to withhold power capacity. Instead, the comment stated, FERC could consider setting up a process for reviewing proposals to address these types of concerns and possibly require modifications to plans that are flawed, or reject those that are not in the public interest (because, for example, they preempt better projects).

The Commission vote approving the comment was 5-0. (FTC File No. V120008; the staff contact is John H. Seesel, Associate General Counsel for Energy, Office of the General Counsel, 202-326-2702.)

The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action. To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to [email protected], or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., Room 7117, Washington, DC 20580. To learn more about the Bureau of Competition, read Competition Counts. Like the FTC on Facebook and follow us on Twitter.

FTC Puts Conditions on Konkinlijke Ahold’s Acquisition of Genuardi’s Supermarkets

The Federal Trade Commission will require Koninklijke Ahold N.V., the parent company of Giant Food Stores, LLC, to sell a supermarket outside of Philadelphia, Pennsylvania, to settle charges that its proposed acquisition of the Genuardi’s supermarket chain from Safeway Inc. otherwise would be anticompetitive. To preserve competition in the local grocery market, Ahold will sell the supermarket, located in Newtown, Pennsylvania, to McCaffrey’s supermarkets, under an agreement with the FTC.

Ahold owns or has an interest in 2,970 supermarkets and specialty stores in the United States and Europe. It had net sales of $36.8 billion in 2010, and is organized into four retail divisions: Giant Carlisle, Giant Landover, Stop & Shop New York Metro, and Stop & Shop New England.

Safeway is one of the largest food and drug retailers in the country, with more than 1,700 stores nationwide operating under brand names including Safeway, Vons, Randalls, Tom Thumb, Carrs, and Genuardi’s. In 2010, Safeway had net sales of $41 billion. It is exiting the Philadelphia metropolitan market by selling or closing the remaining 24 of 36 Genuardi’s it purchased in February 2001.

According to the FTC’s complaint, Ahold’s acquisition of Genuardi’s from Safeway would violate the FTC Act and Section 7 of the Clayton Act. Specifically, the FTC alleges that it would reduce the number of supermarket competitors in Newtown, Pennsylvania, from three to two, with Giant and Acme being the only remaining retail grocery stores. The Newtown market is already highly concentrated, and would become significantly more so post-acquisition, according to the FTC. The transaction, if completed, would eliminate competition between Giant and Genuardi’s, allowing the combined firm to raise prices unilaterally. The transaction also would increase the likelihood that Giant and Acme would be able to tacitly or expressly work together to raise prices or otherwise reduce competition in a way that would harm local consumers, the FTC alleged.

The proposed order settling the FTC’s charges preserves competition that otherwise would have been eliminated by Ahold’s acquisition of Genuardi’s supermarkets in the Philadelphia metro area. It requires Ahold to sell the Genuardi’s supermarket in Newtown, Pennsylvania, to an FTC-approved buyer. Ahold has agreed to sell the Newtown store to McCaffrey’s, which the FTC considers well-positioned to enter the market to replace the competition that otherwise would have been lost through the transaction. All of the current McCaffrey’s supermarkets are located outside the Newtown area.

Under the proposed order, Ahold and Safeway must sell the Newtown Genuardi’s supermarket to McCaffrey’s no later than 10 days after Ahold acquires the 16 stores covered by the asset purchase agreement. The proposed order also contains other provisions designed to ensure the sale to McCaffrey’s is successful. For example, for one year, Ahold and Safeway are prohibited from interfering with McCaffrey’s hiring or employing anyone currently working at the Newtown Genuardi’s. Also, for 10 years, Ahold must notify the FTC in advance if it plans to acquire a supermarket, or any interest in a supermarket, in Newtown.

The Commission vote to accept the consent agreement package containing the proposed consent order for public comment was 5-0. The FTC will publish a description of the consent agreement package in the Federal Register shortly. The agreement will be subject to public comment for 30 days, beginning today and continuing through July 16, 2012, after which the Commission will decide whether to make the proposed consent order final.

Interested parties can submit written comments electronically or in paper form by following the instructions in the “Invitation To Comment” part of the “Supplementary Information” section. Comments can be submitted electronically by clicking here. Comments in paper form should be mailed or delivered to: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex D), 600 Pennsylvania Avenue, N.W., Washington, DC 20580. The FTC is requesting that any comment filed in paper form near the end of the public comment period be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions.

NOTE: The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the respondent has actually violated the law. A consent order is for settlement purposes only and does not constitute an admission by the respondent that the law has been violated. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $16,000.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

(FTC File No. 121-0055)
(Ahold.final)

FTC Approves Final Order Settling Charges that Kinder Morgan’s Proposed Acquisition of El Paso Corporation was Anticompetitive in Several Natural Gas Pipeline Markets

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Kinder Morgan Inc.’s proposed acquisition of El Paso Corporation would have been anticompetitive in several natural gas pipeline transportation and gas processing markets. The final FTC order resolving the charges requires Kinder Morgan to sell three natural gas pipelines and other related assets in the Rocky Mountain region.

The Commission vote approving the final order was 4-0-1, with Commissioner Edith Ramirez recused. (FTC File No. 121-0014; Docket No. C-4355; the staff contact is Philip M. Eisenstat, Bureau of Competition, 202-326-2769; see press release dated May 1, 2012.)

(FYI 21.2012.wpd)

FTC Suit Halts Bogus Health Insurance Scam

The Federal Trade Commission has halted a telemarketing scam that allegedly tricked consumers who were seeking affordable health insurance into buying worthless medical discount plans. Health Care One LLC and three affiliated companies agreed to settlements that will bar them from any healthcare-related enterprise and from selling goods or services related to healthcare. The settlements also prohibit the defendants from violating the Telemarketing Sales Rule and require them to turn over their ill-gotten gains.

The settlement orders with Health Care One, Americans4Healthcare Inc., Elite Business Solutions, Inc., Mile High Enterprise Inc., and their principals resolve a complaint filed by the FTC in August 2010 as part of an agency crackdown on scams targeting Americans without health insurance.

Health Care One and its affiliates allegedly deceived consumers by marketing medical discount plans as government-endorsed health insurance and claiming they would deliver substantial savings on consumers’ healthcare costs. According to the FTC’s complaint, filed in Central District of California, the companies also falsely claimed that their program was widely accepted by healthcare providers in consumers’ local communities. The Health Care One companies touted their services in television commercials and radio ads. They promised “100% satisfaction” and a money-back guarantee.

However, the FTC alleged that Health Care One’s discount plans were not insurance, were not widely accepted by healthcare providers, and did not provide the promised healthcare savings to consumers.

According to the FTC’s complaint, the companies did not inform consumers that their program was not health insurance until after consumers signed up for the program and paid hundreds of dollars in fees. Consumers who subsequently tried to cancel their enrollment found that the Health Care One companies made it difficult or impossible to obtain refunds.

Shortly after the FTC filed its complaint, the Court issued preliminary injunctions against each of the Health Care One companies to halt their deceptive practices pending trial.

The settlement orders announced today require the defendants to surrender assets including the proceeds from the sale of an Aston Martin, a Maserati, a yacht, and two motorcycles. The orders also prohibit the defendants from making misrepresentations in connection with the sale of any good or service, including falsely representing: that a program is insurance; affiliation with, or endorsement or sponsorship by, the federal government; that purchase of a good or service will result in substantial savings to consumers; any material aspect of the good or service; the total costs associated with the good or service; and any material refund and cancellation policies, including, but not limited to, the likelihood of a consumer obtaining a full or partial refund, or the circumstances in which a full or partial refund will be granted to the consumer. The orders also bar the defendants from violating the Telemarketing Sales Rule, which prohibits misrepresentations in telephone sales and the making of unsolicited automated telemarketing calls.

In addition to the companies, the defendants in the case are Michael Jay Ellman; Robert Daniel Freeman; and Bryan Matthew Loving.

NOTE: These stipulated orders are for settlement purposes only and do not constitute an admission by the defendants that the law has been violated. Stipulated orders have the force of law when signed and approved by the District Court judge.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call
1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FTC Action Halts Alleged “Forensic Audit” Scam that Targeted Consumers in Danger of Losing Their Homes

At the request of the Federal Trade Commission, a U.S. district court has halted an operation that allegedly preyed on financially vulnerable homeowners, convincing them to pay $1,995 or more by holding out bogus promises that they could help them avoid foreclosure and renegotiate their mortgages.

The order issued by the court stops the allegedly illegal conduct, freezes the operation’s assets, and appoints a receiver to run the business while the FTC moves forward with the case.

According to the FTC complaint, the defendants behind the operation claimed on their website that “up to 95% of mortgages may be legally unenforceable due to defects like lost documents, improper notices, appraisal and/or predatory lending.” Using this claim, several defendants, including Consumer Advocates Group Experts, LLC, virtually guaranteed that they could get mortgage modifications with reduced interest rates and lower monthly mortgage payments for consumers.

The defendants offered to review consumers’ mortgage loan documents to determine whether their lenders complied with state and federal mortgage lending laws, and made allegedly false claims that the consumers could use the resulting “forensic audits” to avoid foreclosure and negotiate more favorable terms on their mortgages.

The complaint charges the defendants with violating the FTC Act and the Mortgage Assistance Relief Services Rule, known as the MARS Rule, by deceptively telling consumers that they could renegotiate mortgages, making payments substantially more affordable; that they could use the “forensic audits” to negotiate with lenders; and that if they failed to do these things, they would provide a refund. The complaint also charges the defendants with other MARS Rule violations, including collecting fees for mortgage foreclosure rescue and loan modification services before homeowners accept a written offer from their lender or servicer, and failing to make required disclosures.

According to the FTC, the Los Angeles, California-based Consumer Advocates Group Experts, LLC, company owner Ryan Zimmerman, and several other companies he controlled charged from $1,995 to $2,590 for the “forensic audits,” assuring consumers in ads on their website www.consumer-advocates-group.com that, “After our examinations, lenders suddenly get religion and become much more cooperative in renegotiating.”

One of numerous supposed consumer testimonials on the site proclaimed: “They did a wonderful job and saved my home. I received a 3.25% 30 yr fixed … Wells Fargo kept telling me that my loan mod was denied. CAG put together my package in 30 days and got me APPROVED in under 90 days!”

Consumers who wanted to learn more about the defendants’ services were invited to call the toll-free number listed on the defendants’ website, or provide contact information through the site and receive a sales call. According to the complaint, those who followed up were often told:

to stop contacting the lender because it would hinder the negotiation process and, sometimes, to stop making monthly payments;
that there was a 100 percent chance that the defendants’ “forensic audits” would uncover violations of federal and state mortgage and credit laws, and that consumers would receive either a loan modification from their lenders or a refund from the defendants; and
that the defendants’ negotiations with the consumers’ lenders could lower their mortgage payments by 50 percent.

The complaint alleges that consumers often did not receive loan modifications or reduced payments and often found out from their lenders that the defendants either never contacted them, or did contact them but failed to follow up. The complaint also alleges that the defendants routinely failed to answer or return consumers’ telephone calls and emails seeking updates on their mortgage modifications, failed to provide refunds to consumers who requested them, and put consumers at risk of losing their homes and damaging their credit ratings. Consumers often learned too late that their houses were being foreclosed upon, according to the complaint.
In addition to Consumer Advocates Group Experts, LLC and Zimmerman, the complaint names Paramount Asset Management Corporation and Advocates for Consumer Affairs Expert, LLC, as defendants in this case.

The FTC has advice for consumers about mortgage modification and foreclosure rescue scams. For more information see the website Your Home and the publication Forensic Mortgage Loan Audit Scams: A New Twist on Foreclosure Rescue Fraud.

The Commission vote authorizing the staff to file the complaint was 4-0-1, with Commissioner Maureen K. Ohlhausen not participating. The FTC filed the complaint and request for a temporary restraining order in the U.S. District Court for the Central District of California on May 30, 2012. The court granted the FTC’s request the same day. After a hearing, the court issued a preliminary injunction against the defendants on June 7, 2012.

NOTE: The Commission files a complaint when it has reason to believe that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law.

(FTC File No. 1123137)
(Consumer Advocates Group NR)

FTC Amends Franchise Rule to Revise Monetary Thresholds for Three Exemptions

The Federal Trade Commission announced it is amending its Franchise Rule to adjust the monetary thresholds used to determine when the sale of a franchise business is exempt from the Rule, which requires franchise sellers to disclose certain information to help prospective buyers weigh risks and benefits before they invest.

The 2007 amendments to the Rule, which took effect July 1, 2008, provide three exemptions based on a monetary threshold. The Rule requires the FTC to adjust the thresholds every four years based on the Consumer Price Index. The inflation adjustments, which will take effect July 1, 2012, will exempt:

Sales where the buyer’s initial payment is less that $540 (currently $500).
Sales where the initial investment is at least $1,084,900 (now $1 million), excluding the cost of unimproved land and any franchisor (or affiliate) financing; and
Sales to large entities, such as airports, hospitals, and universities that have been in business for at least five years and have a net worth of at least $5,424,500 (now $5 million).

The Commission vote approving the Federal Register Notice was 5-0. The Notice is available on the FTC’s website and as a link to this press release and will be published in the Federal Register soon. (FTC File No. P094400; the staff contact is Craig Tregillus, Bureau of Consumer Protection, 202-326-2970)

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call
1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

(Franchise Rule)
(FTC File No. P094400)

FTC Approves FY 2011 HSR Premerger Notification Report Showing 24 Percent Increase in Filings Compared to FY 2010

The Federal Trade Commission, with the concurrence of the Department of Justice’s Assistant Attorney General for Antitrust, released the agencies’ fiscal year 2011 report on their review of mergers under the Hart-Scott-Rodino (HSR) Premerger Notification Program. The report shows that the number of transactions reported to the agencies grew by 24 percent – from 1,166 in FY 2010 to 1,450 in FY 2011 – the second consecutive year the number of reported transactions increased.

The 34th Hart-Scott-Rodino Annual Report (Fiscal Year 2011) summarizes enforcement activities between October 1, 2010 and September 30, 2011, and reviews the agencies’ activities to ensure that companies are complying with the premerger notification rules and procedures. A statistical table in the report presents data profiling HSR filings and enforcement interest during FY 2011. Appendices provide a summary of transactions for fiscal years 2002-2011, and the number of transactions reported as filings by month during this time.

The report also describes the HSR Act and provides an overview of how the federal antitrust agencies have implemented the Act since it was enacted in the late 1970s. It concludes with an assessment that, as Congress intended, the HSR Act continues to give the government the opportunity to investigate and challenge mergers that are likely to harm consumers before injury occurs. The Commission vote to issue the report was 5-0. It is available on the FTC’s website and as a link to this press release. (FTC File No. P110014)

(FYI 22.5.2012.wpd)

FTC Proposes Changes Making it Easier to Comply With Alternative Fuels Rule

As part of the Federal Trade Commission’s systematic review of all current FTC rules and guides, the FTC is proposing to consolidate the labels required on alternative fuel vehicles (AFVs) with those required by the U.S. Environmental Protection Agency (EPA), eliminating the need for two different labels and reducing the burden of complying with the Alternative Fuels Rule.

Created in 1995 under the Energy Policy Act of 1992, the Rule requires labels that provide simple, appropriate information to help consumers comparison shop. The labels for new AFVs disclose a vehicle’s estimated mileage on a charge or tank of fuel, general factors consumers should consider before buying an AFV, and toll-free telephone numbers and websites for more information from the Department of Energy (DOE) and the National Highway Traffic Safety Administration (NHTSA). Labels for used AFVs contain only the general buying factors and the DOE/NHTSA contact information.

In June 2011, the FTC began its review of the Rule, seeking comment on the consolidation of the FTC label with the EPA’s fuel economy label, the inclusion of new definitions for AFVs in recent legislation, and the retention of labeling requirements for used AFVs, as well as seeking comment on the Rule’s costs, benefits, and regulatory impact. After weighing the comments it received, the FTC proposes to consolidate FTC labels with EPA labels for all AFVs, including AFV categories designated by recent legislation, and to eliminate FTC labeling requirements for used AFVs.

The Rule also sets out labeling requirements for non-liquid alternative fuels such as electricity, compressed natural gas, and hydrogen. The FTC does not propose any changes to existing alternative fuel rating requirements for fuel dispensers.

Since 1992, the FTC has reviewed all its rules and guides on a rotating basis to ensure they are up-to-date, effective, and not overly burdensome. The agency relies on input from the public, including consumers, businesses, advocates, industry experts and others, to help it decide whether rules and guides should be updated, left as is, or rescinded.

The Commission vote approving the Notice of Proposed Rulemaking was 5-0. It is available on the FTC’s website and as a link to this press release and will be published in the Federal Register soon. Instructions for filing comments appear in the Federal Register Notice. Comments must be received by August 17, 2012. All comments received will be posted at www.ftc.gov/os/publiccomments.shtm. (FTC File No. R311002; the staff contact is Hampton Newsome, Bureau of Consumer Protection, 202-326-2889)

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call
1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

(Alt Fuels Rule)

Spokeo to Pay $800,000 to Settle FTC Charges Company Allegedly Marketed Information to Employers and Recruiters in Violation of FCRA

Spokeo, Inc., a data broker that compiles and sells detailed information profiles on millions of consumers, will pay $800,000 to settle Federal Trade Commission charges that it marketed the profiles to companies in the human resources, background screening, and recruiting industries without taking steps to protect consumers required under the Fair Credit Reporting Act. This is the first Commission case to address the sale of Internet and social media data in the employment screening context.

The FTC alleged that Spokeo operated as a consumer reporting agency and violated the FCRA by failing to make sure that the information it sold would be used only for legally permissible purposes; failing to ensure the information was accurate; and failing to tell users of its consumer reports about their obligation under the FCRA, including the requirement to notify consumers if the user took an adverse action against the consumer based on information contained in the consumer report.

The FTC also alleged that Spokeo deceptively posted endorsements of their service on news and technology websites and blogs, portraying the endorsements as independent when in reality they were created by Spokeo’s own employees.

In addition to imposing the $800,000 civil penalty, the FTC’s settlement order bars Spokeo from future violations of the FCRA, and bars the company from making misrepresentations about its endorsements or failing to disclose a material connection with endorsers.

According to the FTC, Spokeo collects personal information about consumers from hundreds of online and offline data sources, including social networks. It merges the data to create detailed personal profiles of consumers. The profiles contain such information as name, address, age range, and email address. They also might include hobbies, ethnicity, religion, participation on social networking sites, and photos.

The FTC alleges that from 2008 until 2010, Spokeo marketed the profiles on a subscription basis to human resources professionals, job recruiters, and others as an employment screening tool. The company encouraged recruiters to “Explore Beyond the Resume.” It ran online advertisements with taglines to attract employers, and created a special portion of the Spokeo website for recruiters. It created and posted endorsements of its services, representing those endorsements as those of consumers or other businesses.

The case against Spokeo is part of the FTC’s ongoing enforcement of the FCRA, a law passed by Congress to promote the accuracy, fairness, and privacy of information in the files of consumer reporting agencies, and to regulate the use and dissemination of consumer reports. The FTC alleges that Spokeo failed to adhere to three key requirements of the FCRA: to maintain reasonable procedures to verify who its users are and that the consumer report information would be used for a permissible purpose; to ensure accuracy of consumer reports; and to provide a user notice to any person that purchased its consumer reports. It also charges that Spokeo’s misleading “endorsements” were a violation of the FTC Act.

The Commission vote to authorize the staff to refer the complaint to the Department of Justice and to approve the proposed order was 4-0-1, with Commissioner Maureen K. Ohlhausen not participating. The DOJ filed the complaint and proposed order on behalf of the Commission in the U.S. District Court for the Central District of California. The proposed order is subject to court approval.

NOTE: The Commission authorizes the filing of a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. The complaint is not a finding or ruling that the defendant has actually violated the law. This stipulated order is for settlement purposes only and does not constitute an admission by the defendant of a law violation. Stipulated orders have the force of law when signed by the district court judge.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call
1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FTC Names Heyer and Dafny Deputy Directors of the Agency’s Bureau of Economics

Federal Trade Commission Chairman Jon Leibowitz today announced the appointment of two new deputy directors of the FTC’s Bureau of Economics. Ken Heyer will join the agency from the Department of Justice’s Economic Analysis Group on June 18, and will serve in a career position as Deputy Director for Antitrust. Leemore Dafny, from the Kellogg School of Management at Northwestern University, will assume a newly created position on August 1 as Deputy Director for Health Care and Antitrust to enhance the agency’s efforts to promote competition in the health care sector.

“I am very pleased that we will have two such distinguished economists joining the Bureau,” said Howard Shelanski, who was named Director of the Bureau last month and is slated to assume the position on July 1. “Ken’s skill and wealth of experience will be invaluable to our competition mission, and Leemore will bring cutting-edge expertise to our antitrust enforcement in health care markets and more broadly as well. I am also very thankful to Alison Oldale, who Ken replaces, for her expert guidance of the Bureau’s antitrust mission during her year as Deputy on detail from the UK Competition Commission.”

Heyer has held a variety of management positions since joining the DOJ’s Antitrust Division in 1982. Most recently, he was Chief of the Economic Analysis Group’s Competition Policy Section, and from 2001 to 2010 he served as the Division’s Economics Director, the highest position held by a career economist in DOJ’s Antitrust Division. Prior to being promoted to management, he had worked at the Division for many years as a staff economist. In 1999 Heyer received the Antitrust Division’s first William F. Baxter Award for outstanding contributions in the area of economic analysis. Heyer holds a Ph.D. in Economics from U.C.L.A., and a B.A. from Queens College, CUNY.

Dafny is an Associate Professor of Management and Strategy, and the Herman Smith Research Professor in Hospital and Health Services at the Kellogg School of Management at Northwestern University, where she has served on the faculty since 2002. She is a microeconomist whose research focuses on competition in healthcare markets. Her work has appeared in the American Economic Review, the Journal of Law and Economics, and the New England Journal of Medicine. Dafny graduated summa cum laude from Harvard College and earned her Ph.D. in Economics from the Massachusetts Institute of Technology. From 1995-1997, she worked as a consultant with McKinsey & Company in Washington, DC. She is a Research Associate of the National Bureau of Economic Research, a Faculty Associate of the Institute for Policy Research, and a Faculty Affiliate of the Center for the Study of Industrial Organization at Northwestern.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call
1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s website provides free information on a variety of consumer topics. Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

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