Previous business/academic article Next business/academic article
Business Articles Awards > General Antitrust

FTC Issues Policy Statement on the Reach of Section 5 of FTC Act

Timothy Muris and Christine Wilson, Kirkland & Ellis, Kirkland Alert, August 2015

See Timothy Muris's resume See Christine Wilson's resume

Vote for this articleHelp

* Average
** Interesting
*** Good
**** Excellent
***** Must receive an Award!

Please note that the star(s) appearing on the article page before you have voted reflect the status of all votes registered to date.

Readers’ vote will close on February 15, 2016. Readers’ vote will allow you to nominate 1 article for each of the Awards, i.e., 10 Academic articles, 10 Business articles, and the best Soft Laws. The readers’ short-list of Academic and Business Articles will be communicated to the Board together with the 20 articles nominated by the Steering Committees. The Board will decide on the award-winning articles. Results will be announced at the Awards ceremony to take place in Washington DC on the eve of the ABA Antitrust Spring Meeting on April 5, 2016.

The FTC on August 13, 2015 issued a policy statement on the reach of Section 5 of the Federal Trade Commission Act (FTC Act), which prohibits unfair methods of competition.1 The FTC Act is separate and distinct from the two federal antitrust statutes – namely, the Sherman Act and the Clayton Act – known as “the antitrust laws.” The extent to which the FTC Act extends beyond the scope of the antitrust laws has been fiercely debated for much of its 100-year history. In a 4-1 vote, with Commissioner Maureen Ohlhausen dissenting, the Commission sought to advance this debate. As Commissioner Ohlhausen noted, though, this brief statement may raise as many questions as it answers. For businesses concerned about the potential for an activist FTC to apply Section 5 in novel ways, this statement provides little comfort.

Download our brochure