The guidance significantly expands the reach of Section 5 beyond the Sherman and Clayton Acts to encompass unfair methods of competition that constitute “incipient” violations of the antitrust laws or violate “the spirit” of the antitrust laws.
Key Points:
..The guidance significantly expands antitrust enforcement under the FTC Act to potentially capture conduct that is otherwise permissible under the antitrust laws.
..The new policy affords the FTC great leeway through its broad terms and lack of clear guidance for businesses and individuals.
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