Tag Archives: Section 5

FTC Accepts Practical ‘Failing Firm’ Defense in Ending Challenge of Nonreportable Transaction

The Federal Trade Commission’s recently announced proposed settlement of its challenge of CentraCare Health’s acquisition of St. Cloud Medical Group (SCMG) is doubly noteworthy. The settlement ends the challenge of a transaction that apparently was not reportable under the Hart-Scott-Rodino (HSR) Act, and the settlement is premised on a “failing firm” defense that infrequently is … Continue Reading

Forcing Exclusivity on Your Customers May Not Be the Best Competitive Response

By Jonathan Lewis on May 3, 2016 Posted in FTC Act, Sherman Act 5

In the words of the director of the Federal Trade Commission’s (FTC’s) Bureau of Competition, the recent enforcement against Invibio, Inc., the first company to sell implant-grade polyetheretherketone, known as PEEK, to medical device makers, “affirms that the first company to enter a market cannot rely on anticompetitive contract terms to lock up customers and … Continue Reading

Better Late Than Never? FTC Finally Releases Guidance on Section 5

By Danyll Foix on August 13, 2015 Posted in Sherman Act 5

After years of academic debate and internal deliberation, the Federal Trade Commission today unveiled a “Statement of Enforcement Principles” that generally describes conduct prohibited by Section 5 of the FTC Act. Section 5 gives the FTC authority to take action against “unfair methods of competition.” Legislative history indicates that it was left to the FTC to … Continue Reading

FTC Failure to Adopt Section 5 Guidelines Still Hot-Button Issue

By Carl Hittinger and Mitchell Oates on June 8, 2015 Posted in Antitrust Litigation, Sherman Act 5

Section 5 of the FTC Act gives the Federal Trade Commission the authority to take action against “unfair methods of competition.” The act was enacted over 100 years ago, and its legislative history indicates that it was left to the FTC to provide specific content to this broad and general language. However, there is still … Continue Reading

BakerHostetler Releases White Paper on FTC Act Section 5 Symposium

By BakerHostetler on April 14, 2015 Posted in BakerHostetler, Events, Sherman Act 5

BakerHostetler’s Antitrust and Competition team is delighted to share with you a white paper we prepared highlighting points of interest from the February 26, 2015 Symposium we hosted on Section 5 of the Federal Trade Commission Act. We hope you enjoy the white paper’s insider perspective on interpretation and enforcement of Section 5. Below is … Continue Reading

Symposium Advances Debate Over FTC’s Section 5 Enforcement Powers

By Carl Hittinger and Jeffry Duffy on April 6, 2015 Posted in Articles, BakerHostetler, Events, Sherman Act 5

What is an “unfair method of competition” for purposes of the Federal Trade Commission’s enforcement powers? For more than 100 years, lawyers, economists and other experts—as well as courts—have debated that question, trying to determine exactly what conduct Congress meant to prohibit, beyond conduct already condemned by the antitrust laws, when it enacted Section 5 … Continue Reading

FTC Commissioner Wright Calls for Vote on Section 5 Guidelines

By Danyll Foix on February 27, 2015 Posted in BakerHostetler, Events, Sherman Act 5

FTC Commissioner Joshua Wright, during yesterday’s keynote speech at BakerHostetler’s Section 5 Symposium, announced his plan to call for the FTC Commissioners to vote on three proposed definitions of Section 5’s “unfair methods of competition.” Covering the Section 5 Symposium and Commissioner Wright’s announcement, Global Competition Review wrote: “Joshua Wright will ask his four Federal Trade Commission … Continue Reading

Symposium on Section 5 of the Federal Trade Commission Act

By BakerHostetler on February 19, 2015 Posted in Events

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 … Continue Reading

The FTC’s Section 5 Authority Discussed in Article by BakerHostetler Antitrust Attorneys

By BakerHostetler on January 14, 2015 Posted in Antitrust Litigation, Articles, Sherman Act 5

BakerHostetler antitrust attorneys Carl Hittinger and Jeffry Duffy authored the article, “FTC Section 5 in 2014: An Unexpected Attack, A New Frontier,” published in Law360 on December 22. The authors cover the FTC’s push to exercise its Section 5 authority in new areas; ever since Section 5 of the Federal Trade Commission Act was created … Continue Reading

Save the Date: Section 5 Symposium

By BakerHostetler on January 12, 2015 Posted in BakerHostetler, Events, Sherman Act 5

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 … Continue Reading

FTC Aggressively Pressing ‘Antitrust Trumps IP’ Theme

By Carl Hittinger and Jeffry Duffy on December 8, 2014 Posted in Antitrust Litigation, Articles, Patents

The Federal Trade Commission has recently brought its considerable institutional weight to bear in two developing areas at the intersection of unfair competition and intellectual property law. Continuing its crusade against “reverse-payment” patent infringement settlements in the pharmaceuticals sector, the FTC is promoting—especially in the Third Circuit—a maximalist interpretation of the U.S. Supreme Court’s 2013 … Continue Reading