One of the consistently thorny issues in U.S. antitrust law is the rather vague boundary of Section 5 of the FTC Act, which concerns non-merger conduct that may not violate…

Harry First, Sep 16, 2013 Commissioner Joshua Wright has started his tenure as Commissioner by stepping into the long-running debate over the scope of the Commission’s authority. Section 5 of…

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…

Daniel Crane, Sep 16, 2013 FTC Commissioners Wright and Olhausen recently have argued that the FTC should issue a policy statement or guidelines regarding enforcement of Section 5 of the…

A. Douglas Melamed, Sep 16, 2013 The fundamental problem with the “unfair methods of competition” prong of Section 5 is that it is hopelessly vague. The language is almost meaningless,…

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…

Steven Salop, Sep 16, 2013 FTC Commissioners Joshua Wright and Maureen Ohlhausen have proposed that the Commission adopt Guidelines for the application of Section 5 to Unfair Methods of Competition…

Joe Sims, Sep 16, 2013 Thus, it was hardly surprising that one of the first things Commissioner Wright did in his new role was to suggest that it was past…