As part of the Biden Administration’s ongoing efforts to reinvigorate antitrust enforcement and the promotion of competition, on November 10, 2022, the Federal Trade Commission (FTC) released a new ...

Section 5 of the FTC Act prohibits “unfair methods of competition.” Section 5, which has been endorsed by many as necessary to fill gaps in the Sherman Act, yet criticized by others as vague and ...

To be sure, Federal Trade Commission Chair Andrew Ferguson is not afraid to apply Section 5 to instances where he finds proof of wrongdoing. He recently cited Section 5 as a reason to support suing ...

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