The US FTC signals an unprecedented expansion in its definition of unfair methods of competition

The U.S. Federal Trade Commission issued a policy statement that dramatically expands the scope of what it considers “unfair methods of competition” under Section 5 of the FTC Act, 15 U.S.C. § 45. This represents an aggressive and unprecedented interpretation of the agency’s authority, and indicates that the Commission plans to use rulemaking and enforcement actions to police a broad set of conduct beyond the scope of the antitrust laws (i.e., the Sherman Act and the Clayton Act). According to the agency’s press release, the policy statement – issued pursuant to a party-line vote of 3-1 – is intended to “restore the agency’s policy of rigorously enforcing the federal ban on unfair methods of competition” with the stated goal of

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Authors

  • Covington & Burling (Washington)
  • Covington & Burling (Washington)

Quotation

Terrell McSweeny, Ryan Quillian, The US FTC signals an unprecedented expansion in its definition of unfair methods of competition, 10 November 2022, e-Competitions November 2022 - II, Art. N° 109524

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