Unfair Methods of Competition Under Section 5 of the FTC Act: Does the U.S. Need Rules “Above and Beyond Antitrust?”

This article is part of a Chronicle. See more from this Chronicle

Sep 24, 2009

It is often asserted that the prohibition on “unfair methods of competition” contained in Section 5 of the Federal Trade Commission Act provides the FTC with flexibility to attack competitive conduct that is proper when examined under the federal antitrust laws. Although the FTC brought some early cases relying on this expansive view of Section 5, aggressive efforts to apply Section 5 during the late 197