United States: Symposium On Section 5 Of The Federal Trade Commission Act
Last Updated: February 24 2015

Companies and institutions 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, from 8:30 a.m. – 5:15 p.m. at The Willard InterContinental in Washington, D.C.

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 D. Wright, Commissioner, Federal Trade Commission, Keynote Speaker
  • Maureen K. Ohlhausen, Commissioner, Federal Trade Commission
  • Hon. Douglas H. Ginsburg, Circuit Judge, Federal Court of Appeals for the District of Columbia Circuit
  • William E. Kovacic, former Federal Trade Commission Chairman, and now Professor at George Washington Law School
  • Terry Calvani, former Commissioner, Federal Trade Commission, and now Of Counsel, Freshfields Bruckhaus Deringer LLP
  • Deborah L. Feinstein, Director of Federal Trade Commission Bureau of Competition
  • Jessica L. Rich, Director of Federal Trade Commission Bureau of Consumer Protection
  • Matthew Owen, Chief Counsel to the U.S. Senate Subcommittee on Antitrust, Competition Policy and Consumer Rights, General Counsel to Senator Mike Lee (R-Utah)
  • Anthony Grossi, Counsel to the U.S. House Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law
  • Barry J. Cutler, former Director of Federal Trade Commission Bureau of Consumer Protection, and now Of Counsel, BakerHostetler
  • Susan A. Creighton, former Director of Federal Trade Commission Bureau of Competition, and now Partner, Wilson, Sonsini, Goodrich & Rosati, PC
  • Marc Winerman, Attorney Advisor to former Federal Trade Commission Chairman Kovacic
  • Robert H. Lande, former Federal Trade Commission attorney, and now Professor at University of Baltimore Law School
  • Neil W. Averitt, former Federal Trade Commission attorney and organizer of 2008 Section 5 Federal Trade Commission Public Workshop

View the agenda.

This all-day symposium, available for in-person CLE credit*, will also be offered via webinar and available afterward as a webcast.

*CLE credit is pending for the following states:

Delaware, Maryland, New Jersey, New York, Ohio, Pennsylvania, and Virginia.

Please note to all in-person attendees: this event will be streamed live via the Internet and recorded.

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