United States: Save The Date: Section 5 Symposium
Last Updated: January 20 2015

You may be vulnerable to FTC claims of antitrust or consumer fraud violations without realizing it. Learn how to help prevent such potentially damaging issues through a groundbreaking, BakerHostetler-sponsored symposium on Section 5 of the Federal Trade Commission Act on Thursday, Feb. 26, 2015, in Washington, D.C.

TIME:
8:30 a.m. – 4:30 p.m. – Program

4:30 p.m. – 6:30 p.m. – Cocktail Reception

Invitation with additional event details to follow. Please email Cassie Blaine with questions.

Section 5 broadly prohibits "[un]fair methods of competition" and "unfair or deceptive acts or practices." It has been aggressively used by the FTC in recent years to challenge sales and marketing conduct by companies as being antitrust or consumer fraud and deception violations. The FTC has challenged conduct that might otherwise be permissible under the Sherman Antitrust Act, an interpretation some courts have endorsed in the past. Recent public investigations against major companies have ensued seeking consent decrees as well as restitution and disgorgement of profits. Congress has also joined the debate about Section 5 calling for guidelines, which some commissioners have proposed. These important developments have thrust Section 5 back into the sphere of antitrust and unfair competition enforcement, thereby compelling companies and their counsel to take prudent steps to protect themselves from Section 5 prosecutions.

This Section 5 Symposium will bring together present and former representatives from the three branches of government to discuss and debate the origins, past and present use, and future parameters of Section 5 as a renewed enforcement vehicle. Presenters at the symposium include:

  • Joshua Wright, FTC Commissioner
  • Maureen Ohlhausen, FTC Commissioner
  • Deborah Feinstein, Director of the FTC's Bureau of Competition
  • William Kovacic, former FTC Chairman
  • Terry Calvani, former FTC Commissioner
  • Significant others who have extensive experience with Section 5

This all-day symposium, available for CLE credit*, will also be offered via webinar and available afterwards as a webcast. The Section 5 Symposium invitation is forthcoming. If you would like to be included on the list of invitees, please email Cassie Blaine at cblaine@bakerlaw.com.

*CLE credit is pending in Illinois, Ohio, Pennsylvania, and New York.

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