The Return Of Section 5 Of The FTC Act?

Law360, New York (March 13, 2008, 12:00 AM EDT) -- Last month, after a hotly contested 3-2 vote, the Federal Trade Commission (“FTC” or “Commission”) resurrected its pretty much dormant Section 5 powers and settled its complaint against Negotiated Data Solutions LLC (“N-Data”) that alleged that N-Data had violated Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45 (“FTC Act”) by reneging on a commitment made by a predecessor to a standard-setting organization.

As this enforcement action was grounded solely on Section 5 and relates to the sometimes thorny issues raised by the...
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