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Antitrust Advocate

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Following its repudiation of its prior enforcement regime in July 2021, the FTC on Nov. 10 issued a Statement Regarding the Scope of “Unfair Methods of Competition” Under Section 5 of the Federal Trade Commission Act (Statement). The Statement, however, creates significant uncertainty for businesses seeking to predict (1) what conduct will be deemed by the FTC to run afoul of Section 5 and (2) what analytical structure the FTC will use to make that determination. We have considerable experience analyzing&nbsp;and successfully litigating&nbsp;the FTC’s authority under Section 5. We will continue to monitor this significant development as it unfolds and provide additional client alerts along with our analysis.

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Read full <a href="https://www.bakerlaw.com/alerts/federal-trade-commission-historic-attempt-drive-mack-truck-through-sherman-act" target="_blank" rel="noreferrer noopener">alert</a>.

Philadelphia

Washington, D.C.

Partner

Carl W. Hittinger

Counsel

Tyson Y. Herrold

Jeffry W. Duffy

Federal Trade Commission’s Historic Attempt to Drive a Mack Truck Through the Sherman Act