FTC Redefines “Unfair Methods of Competition” Under Section 5 of the FTC Act: New Policy Statement Condemns all “Facially Unfair” Anticompetitive Behavior

Sullivan & Cromwell LLP - November 18, 2022

On November 10, 2022, the FTC issued a new policy statement regarding its authority to police “[u]nfair methods of competition” under Section 5 of the FTC Act. This new policy statement condemns all “facially unfair” anticompetitive behavior and suggests that a wider range of conduct may now be at risk of FTC scrutiny, including conduct not traditionally enforceable under the other antitrust laws.
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