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In 1914, Congress passed the FTC Act, creating the Federal Trade
Commission. Section 5 of the FTC Act declared "unfair methods
of competition in or affecting commerce" to be unlawful and
gave the FTC enforcement power over such "unfair
methods." More than 100 years later, that key language in
Section 5 underlying the agency's competition-related powers
had never been the subject of any formal FTC guidance. Clearly,
"unfair methods of competition" include Sherman and
Clayton Act violations, and some argue that Section 5 reaches
beyond those statutes. But exactly what kind of additional conduct
falls within the FTC's Section 5 powers has been a
long-unsettled question.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
