News & Analysis as of

Sherman Act Unfair or Deceptive Trade Practices Unfair Competition

Axinn, Veltrop & Harkrider LLP

FTC and State AGs File “Right to Repair” Lawsuit Against Deere & Co.

Last week, the FTC and the Illinois and Minnesota Attorneys General brought suit against Deere & Company (Deere) challenging allegedly unfair equipment repair restrictions, which they claim resulted in higher equipment repair...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Claims Broader Section 5 Powers in New Policy Statement; Provides Limited Practical Guidance

On November 10, 2022, the FTC issued a Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act that revisited the Commission’s decades-long enforcement...more

BakerHostetler

Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act

BakerHostetler on

Following its repudiation of its prior enforcement regime in July 2021, the FTC on Nov. 10 issued a Statement Regarding the Scope of “Unfair Methods of Competition” Under Section 5 of the Federal Trade Commission Act...more

Axinn, Veltrop & Harkrider LLP

Axinn Antitrust Insight: FTC Policy Statement Re Section 5

On November 10, 2022, the Federal Trade Commission (“FTC”) issued its long-anticipated Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act (“Policy...more

Hogan Lovells

FTC expands its interpretation of its Competition Enforcement Mandate

Hogan Lovells on

On 10 November 2022, the Federal Trade Commission (FTC or Commission) issued a Policy Statement (the Policy Statement) outlining a significant expansion of its mandate to target “unfair methods of competition” under Section 5...more

Wilson Sonsini Goodrich & Rosati

FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more

Goodwin

Federal Trade Commission Issues Expansive New Policy Statement Regarding Enforcement Powers under Section 5 of the FTC Act

Goodwin on

On November 10, 2022 (following its January 2021 withdrawal of its 2015 policy statement regarding enforcement under Section 5 of the FTC Act), the Federal Trade Commission (“FTC” or “the Commission”) issued a new statement...more

Epstein Becker & Green

When Conversation Becomes an Antitrust Violation

Epstein Becker & Green on

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), provides the Federal Trade Commission (“FTC”) with broad authority to address “unfair methods of competition.” Although Congress chose not to define the...more

Morrison & Foerster LLP

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

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