SEP-13(1)

One of the consistently thorny issues in U.S. antitrust law is the rather vague boundary of Section 5 of the FTC Act, which concerns non-merger conduct that may not violate the Sherman Act but still constitutes harmful anticompetitive conduct. Recently, Commissioner Joshua Wright, followed by Commissioner Maureen Ohlhausen, issued calls for guidelines that would direct the Commission in its use of Section 5. We have assembled a blue-ribbon panel of contributors to opine on the need for such gu