Parsing The Latest Signals On FTC Section 5 Enforcement

Recent remarks by Federal Trade Commissioner Mark Meador signal continued interest in using Section 5 of the FTC Act to challenge unfair methods of competition beyond the reach of the Sherman and Clayton Acts. Yet questions about the agency’s future and its shift away from administrative litigation could shape how that authority is used.

In this article for Law360, Axinn attorneys Richard Dagen, Matthew Levinton, and William Davis examine the history of stand-alone Section 5 enforcement, potential areas of focus, and implications for businesses assessing antitrust risk.

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