FTC restores rigorous enforcement of law banning unfair methods of competition
Following the links, here's the actual meat of what "unfair methods of competition" means [1, pg 9]:<p>> <i>There are two key criteria to consider when evaluating whether conduct goes beyond competition on the merits. First, the conduct may be coercive, exploitative, collusive, abusive, deceptive, predatory, or involve the use of economic power of a similar nature. It may also be otherwise restrictive or exclusionary, depending on the circumstances, as discussed below. Second, the conduct must tend to negatively affect competitive conditions. This may include,
for example, conduct that tends to foreclose or impair the opportunities of market participants, reduce competition between rivals, limit choice, or otherwise harm consumers.</i><p>> <i>...the second part of the principle examines whether the respondent’s conduct has a tendency to generate negative consequences; for instance, raising prices, reducing output, limiting choice, lowering quality, reducing innovation, impairing other market participants, or reducing the likelihood of potential or nascent competition.</i><p>And selecting from some given examples [taken from pg 13-15]:<p>> <i>loyalty rebates, tying, bundling, and exclusive dealing arrangements that have the tendency to ripen into violations of the antitrust laws by virtue of industry conditions and the respondent’s position within the industry</i><p>> <i>de facto tying, bundling, exclusive dealing, or loyalty rebates that use market power in one market to entrench that power or impede competition in the same or a related market</i><p>> <i>using market power in one market to gain a competitive advantage in an adjacent market by, for example, utilizing technological incompatibilities to negatively impact competition in adjacent markets</i><p>[1] <a href="https://www.ftc.gov/system/files/ftc_gov/pdf/P221202Section5PolicyStatement.pdf" rel="nofollow">https://www.ftc.gov/system/files/ftc_gov/pdf/P221202Section5...</a>