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

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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