FTC's Ohlhausen Backs Section 5 Authority Limits

Law360, Washington (July 25, 2013, 1:29 PM EDT) -- Federal Trade Commissioner Maureen K. Ohlhausen on Thursday urged her fellow commissioners to significantly limit the agency's authority under Section 5 to police unfair competition, claiming the FTC should focus on strengthening its other antitrust laws rather than bringing actions under the controversial provision.

According to Ohlhausen, FTC's Section 5 authority — which grants the commission the power to take on unfair methods of competition — resides in a "sea of uncertainty," as few seem to know how far the provision extends beyond the Sherman Act's...
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