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The Past, Present, & Future of Stand-Alone Section 5 Competition Enforcement at the FTC: Is N-Data a New Direction or a Mere Diversion?

BY | December 21, 2015

This article is part of a Chronicle. See more from this Chronicle Kyle Andeer, Nov 12, 2008 Section 5 of the Federal Trade Commission Act empowers the Federal Trade Commission…

This article is part of a Chronicle. See more from this Chronicle

Kyle Andeer, Nov 12, 2008

Section 5 of the Federal Trade Commission Act empowers the Federal Trade Commission (“FTC” or “Commission”) to prohibit “unfair methods of competition.” Congress left these terms largely undefined in order to provide the new agency with broad and flexible authority to address threats to competition. Not surprisingly, the Commission has grappled with how to apply its

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