Sherman Act Federal Trade Commission

News & Analysis as of

IP Matters, Fall 2015

Textile Copyright Cases Ripe for ADR - While normally focused on music and media matters, copyright lawyers in California have grown busy with something else: fabrics. Hundreds of textile copyright suits involving fabric...more

ANDA Update - October 2015

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

FTC Answers the Call for Guidance Regarding Antitrust Compliance for State Regulatory Boards Controlled by Market Participants

In North Carolina State Board of Dental Examiners v. FTC, 135 S. Ct. 1101 (2015), the Supreme Court held that the North Carolina Board of Dental Examiners (“Board”), a state agency, was not exempt from federal antitrust laws...more

Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices

In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims...more

Mega Merger Looming for the Beer Industry

The latest wave in the ever-changing and often turbulent waters of the beer industry is the potential merger of SABMiller with Anheuser-Busch InBev. This potential combination would create a brewery with nine of the world’s...more

Specific Guidance to Businesses Still Lacking in FTC Principles

In 1914, Congress passed the FTC Act, creating the Federal Trade Commission. Section 5 of the FTC Act declared “unfair methods of competition in or affecting commerce” to be unlawful and gave the FTC enforcement power over...more

Federal Trade Commission Guidance Addresses Stand-alone Claims of Unfair Competition Under Section 5 of the FTC Act

Section 5 of the FTC Act, in effect since 1914, authorizes the FTC to pursue claims of unfair competition beyond the reach of both the Sherman and Clayton Acts. 15 U.S.C. § 45(a)(1). Until now however, the FTC has been...more

FTC issues statement on its enforcement abilities under § 5 of the FTC Act

On August 13, 2015, the Federal Trade Commission (FTC) issued a statement on its ability to prosecute ‘unfair trade practices’ and enforce violations under § 5 of the FTC Act. The guidance said: Section 5’s ban on...more

FTC Finally Offers ‘Principles’ Governing Section 5 Powers, but Specific Guidance to Businesses Still Lacking

In 1914, Congress passed the FTC Act, creating the Federal Trade Commission. Section 5 of the FTC Act declared “unfair methods of competition in or affecting commerce” to be unlawful and gave the FTC enforcement power over...more

Federal Trade Commission Issues First-Ever Guidance on “Unfair Methods of Competition”

Section 5 of the 1914 Federal Trade Commission Act declares that “unfair methods of competition in or affecting commerce” are unlawful. The Act also empowers the Commission to prevent persons, partnerships, and corporations...more

Key Take-Aways From the FTC’s New Section 5 Statement

The Federal Trade Commission’s New Section 5 Statement Preserves the Agency’s “Doctrinal Flexibility” but Fails to Provide Meaningful Concrete Guidance - On August 13, 2015, the Federal Trade Commission (FTC) released...more

FTC Issues First Statement of Enforcement Under Section 5 in 101 Years

On August 13, 2015, the Federal Trade Commission (“FTC” or “Commission”), by a 4-1 vote, approved a bipartisan “Statement of Enforcement Principles” (“Statement of Enforcement”),[1] which purports to shed light on the...more

"After Long Debate, FTC Issues Only General Principles Regarding Section 5"

On August 13, 2015, the U.S. Federal Trade Commission (FTC) issued formal guidance on Section 5 enforcement consisting of a general statement of principles1 to guide application of its authority to challenge “unfair methods...more

FTC “Enforcement Principles” for Section 5 of the FTC Act: Is Something Better than Nothing?

For many years, antitrust practitioners have struggled to understand exactly how the FTC will analyze and enforce Section 5’s prohibition of “unfair methods of competition.” Counseling clients has been challenging. In a...more

FTC Issues Statement on “Unfair Methods of Competition” Prohibited by Section 5 of the FTC Act

On August 13, 2015, the Federal Trade Commission (FTC) issued its “Statement of Enforcement Principles” (the “Statement”) regarding how it would interpret Section 5 of the FTC Act (Section 5), a statute that prohibits, among...more

FTC Finally Defines ‘Unfair’

According to the FTC: “The basic consumer protection statute enforced by the Commission is Section 5(a) of the FTC Act, which provides that “unfair or deceptive acts or practices in or affecting commerce … are … declared...more

FTC Announces New Guidance on Section 5 Unfair Competition Enforcement

Chairwoman Edith Ramirez has announced the FTC’s new policy concerning its enforcement authority under Section 5 of the Federal Trade Commission Act, in particular Section 5’s prohibition of “unfair methods of competition.”...more

FTC Issues First Formal Policy on Section 5's Unfair Competition Authority

Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community. On August 13, the Federal Trade Commission (FTC) issued...more

FTC Announces "Enforcement Principles" Governing Section 5 Competition Authority

This week, FTC Chairwoman Edith Ramirez announced that the FTC had voted to issue a formal statement setting forth three “Enforcement Principles” governing its authority over “unfair methods of competition.” As Ramirez...more

Antitrust Development: FTC Releases New Statement of Enforcement Principles for Unfair Methods of Competition Under Section 5 of...

On August 13, 2015, the Federal Trade Commission (FTC) released a Statement of Enforcement Principles for “Unfair Methods of Competition” claims brought under Section 5 of the FTC Act. Section 5 empowers the FTC to challenge...more

Federal Trade Commission Issues Long Awaited Statement On Use Of Standalone Section 5 Authority

In February 2015, Commissioner Joshua Wright of the Federal Trade Commission offered his personal views at the Symposium on Section 5 of the Federal Trade Commission Act, stating that “there is no more important challenge...more

FTC Issues Guidance on Scope of "Unfair Competition" Under Section 5 of FTC Act

In a short statement issued yesterday, the FTC issued guidance regarding how it will interpret Section 5 of the FTC Act. Section 5 is a little-used antitrust statute for which the FTC has issued no guidance in the Act’s...more

FTC Releases Section 5 Guidelines

On Thursday, August 13, 2015, the Federal Trade Commission (FTC) released a Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act. The statement was passed by a 4–1 vote,...more

FTC Puts "Standalone" Section 5 Enforcement Approach on the Record

For the first time in its 101-year history, the Federal Trade Commission recently issued a policy statement outlining the extent of its authority to police "unfair methods of competition" on a "standalone" basis under Section...more

FTC Spells Out Principles On When It Will Exercise Its Standalone Authority Under Section 5

The one-page statement, at the level of broad general principles, keeps with recent practice and does not signal any significant increase in enforcement under “unfair methods of competition” theories....more

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