Section 5 Enforcement: Common Law Guidance

This article is part of a Chronicle. See more from this Chronicle

Pete Levitas, Farrell Malone, Jul 24, 2015

The proper scope of the U.S Federal Trade Commission’s Section 5 enforcement authority has been a recurring issue in antitrust enforcement. In recent months there has been renewed attention to the issue of formal guidance on Section 5 enforcement, generated largely by FTC enforcement actions and related statements and speeches by FTC Commissioners. Given the views of the majority of the