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Academic Articles Awards > General Antitrust

August Surprise: The FTC’s Section 5 Statement

Jim O’Connell, Antitrust, Vol. 30, No. 1, Fall 2015

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The Statement is brief, and while laden with terms of art that will be familiar to any antitrust practitioner, it also includes some curious phrasing that makes it difficult to parse. That, and the deafening silence of what it does not say, significantly reduce the Statement’s effectiveness as guidance regarding where the commissioners think the limits of their standalone Section 5 enforcement authority are—which may have been the point.

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