A Response To Commissioner Wright’s Proposed Policy Statement Regarding Unfair Methods Of Competition

Maurice Stucke, Sep 16, 2013

Federal Trade Commissioner Joshua Wright recently proposed a new legal standard to evaluate “unfair methods of competition” under Section 5 of the Federal Trade Commission (“FTC”) Act, 15 U.S.C. § 45(a) (2012). The FTC must prove that the act or practice (1) harms or is likely to harm competition, significantly and (2) lacks cognizable efficiencies. The FTC currently prosecutes both traditional antitrust offenses and other conduct under Sec