The FTC’s Misguided Rationale for the Use of Section 5 in Sherman Act Cases

There is a real danger that the Federal Trade Commission (“FTC”) actually believes its stated rationale for bringing its case against Intel under Section 5 of the FTC Act. Frankly, I’d prefer if its arguments were just the callous and disingenuous post hoc rationalizations of a powerful agency, undeterred by effective oversight.But I fear this is not the case. While there may be good reasons for bringing some cases under Section 5, the reasons put forth by Cha