The US FTC announces general principles regarding Section 5 of the FTC Act

On August 13, 2015, the U.S. Federal Trade Commission (FTC) issued formal guidance on Section 5 enforcement consisting of a general statement of principles [1] to guide application of its authority to challenge “unfair methods of competition” under Section 5 of the FTC Act. [2] While it is generally accepted that Section 5’s prohibition on “unfair methods of competition” reaches beyond the acts and practices condemned by the Sherman Act and Clayton Act, [3] the precise scope of Section 5 and the FTC’s standalone jurisdiction to pursue such claims has long been a source of debate. Many within the antitrust community have called on the FTC to define the limits of its Section 5 authority with the goal of enhancing certainty and predictability. Until now, the FTC has declined to issue formal

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)

Quotation

Paul M.  Eckles, Steven C. Sunshine, Clifford H. Aronson, Karen M. Lent, The US FTC announces general principles regarding Section 5 of the FTC Act, 13 August 2015, e-Competitions August 2015, Art. N° 75796

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