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Conduct-Specific Tests? How the FTC Can Reframe the Section 5 Debate

BY | March 1, 2010

Amanda Reeves, Feb 28, 2010 Over the last few years, the Federal Trade Commission (“FTC”) has awakened Section 5’s “unfair methods of competition” prong from its slumber and ignited a…

Amanda Reeves, Feb 28, 2010

Over the last few years, the Federal Trade Commission (“FTC”) has awakened Section 5’s “unfair methods of competition” prong from its slumber and ignited a debate about when, if ever, it is proper to use Section 5 to reach conduct beyond the Sherman Act’s four corners. Complicating matters is the dearth of federal court guidance on the issue.  It has been a quarter of a century since any federal court has opined on Section 5’s scope and nearly 40 years

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