The US FTC announces expanded enforcement authority under section 5 of the FTC Act

The enforcement authority of the FTC is a topic of the critically acclaimed book by Concurrences "Rulemaking Authority of the US Federal Trade Commission". Click here to access the book. The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the scope of Section 5 of the FTC Act on November 10, 2022. The updated guidance expands what the FTC may consider to be “unfair” competition in violation of Section 5, including conduct that the FTC deems to be contrary to the “spirit” of the antitrust laws. In dissent, Commissioner Christine S. Wilson lambasted the guidance as telling respondents that once conduct is deemed “facially unfair” by the FTC, respondents will essentially be told, “Go directly to jail. Do not pass go. Do not collect $200.” Key

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Authors

  • Morgan Lewis (Philadelphia)
  • Morgan Lewis (Philadelphia)
  • Morgan Lewis (Washington)
  • Morgan Lewis (Washington)

Quotation

William McEnroe, Brendan Fee, Ryan Kantor, Nicholas Gess, The US FTC announces expanded enforcement authority under section 5 of the FTC Act, 10 November 2022, e-Competitions November 2022, Art. N° 109540

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