FTC Section 5 In 2014: An Unexpected Attack, A New Frontier

Law360, New York (December 22, 2014, 11:33 AM EST) -- Over 100 years ago, Section 5 of the Federal Trade Commission Act gave the FTC jurisdiction to redress "unfair methods of competition" and "unfair or deceptive acts or practices." Ever since these provisions appeared, there has been controversy over how far they extend beyond the confines of the Sherman Act and other antitrust statutes and traditional deceptive advertising cases. As technologies and business practices have changed over time, the FTC's authority under Section 5 has evolved to follow suit in waves of investigation and enforcement activity....

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