The US FTC expands its interpretation of its competition enforcement mandate

On 10 November 2022, the Federal Trade Commission (FTC or Commission) issued a Policy Statement (the Policy Statement) outlining a significant expansion of its mandate to target “unfair methods of competition” under Section 5 of the FTC Act (Section 5). In a concurrently published statement, FTC Chair Lina Khan explained that the agency intends to redefine its interpretation of its authority under Section 5 “to challenge a host of unlawful business practices,” authority that Chair Khan says the FTC has allowed to “lay dormant” in recent decades. The Commission voted 3-1 to approve the Policy Statement, with Republican Commissioner Christine Wilson issuing a lengthy dissent, calling it a “radical departure from the Commission’s recent enforcement efforts, and a dramatic expansion of the

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Authors

  • Hogan Lovells (Washington)
  • Hogan Lovells (Washington)
  • Hogan Lovells (Washington)
  • Hogan Lovells (Washington)
  • Hogan Lovells (Washington)

Quotation

Logan M. Breed, Edith Ramirez, Chuck Loughlin, William Tripp Monts, Justin W. Bernick, The US FTC expands its interpretation of its competition enforcement mandate, 10 November 2022, e-Competitions November 2022 - II, Art. N° 109557

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