A PYMNTS Company

A Solution in Search of a Problem

BY | September 17, 2013

A. Douglas Melamed, Sep 16, 2013 The fundamental problem with the “unfair methods of competition” prong of Section 5 is that it is hopelessly vague. The language is almost meaningless,…

A. Douglas Melamed, Sep 16, 2013

The fundamental problem with the “unfair methods of competition” prong of Section 5 is that it is hopelessly vague. The language is almost meaningless, and there will never be a body of case law to give it meaning in the way that the thousands of antitrust cases have given meaning to the Sherman and Clayton Acts. That is not a serious problem when there is an understanding that, just as countless other laws are not enforced, Section 5 will not be enfo

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