FTC Commissioners Spar Over Section 5 Guidance Boundaries

Law360, Washington (February 13, 2014, 7:11 PM EST) -- Federal Trade Commission Chairwoman Edith Ramirez claimed Wednesday that the agency shouldn't publish a prescriptive guidance that could narrow its so-called Section 5 authority to police unfair methods of competition, but fellow Commissioner Joshua D. Wright maintained Congress will set rigid guidelines if the agency doesn't act first.

In a keynote address at George Mason Law Review's Antitrust Symposium, Ramirez said companies should look toward FTC decisions, complaints, statements and other official materials as their guideposts for the agency's Section 5 enforcement policy, claiming this flexible...
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