Bosley Information Exchange Case Is A Cautionary Tale

Law360, New York (April 24, 2013, 12:06 PM EDT) -- A very recent Federal Trade Commission complaint and consent order highlights the enforcement risk faced by companies that share sensitive business information with competitors. The FTC sued using its “unfair methods" authority under Section 5 of the FTC Act, even though the conduct may not have violated the Sherman Act. The fact that the challenged information exchanges involved CEOs of the respective companies underscores the need to include all high-level executives in company antitrust compliance programs.

The Case

On April 8, 2013, the FTC announced that...
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