Push For Section 5 Revival Puts Businesses On Alert

Law360, New York (December 3, 2009, 6:36 PM EST) -- The Federal Trade Commission's growing signals that it is poised to breathe new life into Section 5 of the Federal Trade Commission Act have sparked questions about just how far the agency could push its authority under the long-dormant statute to target conduct outside the bounds of U.S. antitrust laws.

The FTC has largely shunned using an expansive view of its authority under Section 5, which broadly prohibits unfair methods of competition, for nearly 30 years.

Yet increasingly direct statements on the issue from FTC Chairman...
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