Section 5 of the FTC Act and the Need for Guidelines

Daniel Crane, Sep 16, 2013

FTC Commissioners Wright and Olhausen recently have argued that the FTC should issue a policy statement or guidelines regarding enforcement of Section 5 of the FTC Act to create liability for unfair methods of competition beyond the Sherman Act’s reaches. I have previously articulated my own views on what the substantive principles governing the reach of Section 5 should be. In this essay, I wish to join forces with Commissioners Wright and Olhausen in calling