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Section 5 Guidelines: Fixing a Problem that Doesn’t Exist?

BY | September 17, 2013

Sharis Pozen, Anne Six, Sep 16, 2013 When Congress enacted the Federal Trade Commission Act in 1914, almost 25 years after enacting the Sherman Act, it purposely created a different…

Sharis Pozen, Anne Six, Sep 16, 2013

When Congress enacted the Federal Trade Commission Act in 1914, almost 25 years after enacting the Sherman Act, it purposely created a different statute with different goals and different parameters. As many have pointed out in the ongoing Section 5 debate, the use of the “elusive” term “unfair methods of competition” was a considered choice. Not only did Congress not define the Commission’s powers in terms of the traditional a

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