Should You Settle With The FTC In A Section 5 Case?

Law360, New York (May 1, 2012, 1:35 PM EDT) -- Over the last several years, the Federal Trade Commission set out to expand, or "reinvigorate," the use of Section 5 of the FTC Act to attack anti-competitive practices. As a result, we have seen an increase in the number of FTC investigations based in Section 5 that target behavior falling outside the traditional Sherman Act framework. This trend appears likely to continue into the foreseeable future.

The FTC has touted the fact that pure Section 5 cases (that is, violations of Section 5 that do not independently violate the Sherman or Clayton Acts) offer the advantage of avoiding exposure to follow-on...

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