Sharis Pozen, Anne Six, Sep 16, 2013
When Congress enacted the Federal Trade Commission Act in 1914, almost 25 years after enacting the Sherman Act, it purposely created a different statute with different goals and different parameters. As many have pointed out in the ongoing Section 5 debate, the use of the “elusive” term “unfair methods of competition” was a considered choice. Not only did Congress not define the Commission’s powers in terms of the traditional a
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