FTC's Section 5 Statement: Progress, But Little Predictability

Law360, New York (August 24, 2015, 11:13 PM EDT) -- Less than three years ago, Joshua D. Wright was sworn in as an FTC commissioner. He announced at the outset that applying an evidence-based approach to Section 5 was at the top of his agenda and pressed the Federal Trade Commission to adopt a policy statement addressing its unfair methods of competition enforcement. A few months into his tenure, he even issued his own Section 5 policy and urged the rest of the commission to sign on. Last week, Commissioner Wright joined the majority as it issued a "Statement of Enforcement Principles Regarding 'Unfair Methods of Competition' Under Section 5 of the FTC Act" over the dissent of Commissioner Maureen Ohlhausen. The statement is brief and perhaps more notable for what it doesn't say than what it does....

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