Carl Hittinger, left, and Justin Kadoura, right, of Baker Hostetler. Courtesy photos The FTC's Historic Attempt to Drive a Mack Truck Through the Sherman Act
On Nov. 10, the FTC issued a statement regarding the scope of unfair methods of competition under Section 5 of the Federal Trade Commission Act, purporting to clarify its new enforcement criteria for Section 5 cases.
November 30, 2022 at 11:01 AM
6 minute read
Antitrust
The Federal Trade Commission announced in 2021 that it was repudiating its former enforcement regime under which it used the rule of reason, guided by the goal of promoting consumer welfare, to evaluate actions brought under Section 5 of the Federal Trade Commission Act. On Nov. 10, the FTC issued a statement regarding the scope of unfair methods of competition under Section 5 of the Federal Trade Commission Act, purporting to clarify its new enforcement criteria for Section 5 cases. The historic statement, however, creates significant uncertainty for businesses seeking to predict what conduct will be deemed by the FTC to run afoul of Section 5 and what analytical structure the FTC will use to make those determinations.
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