FTC releases unfair methods competition policy

On August 13, the Federal Trade Commission issued a Policy Statement outlining – for the first time ever – its approach to policing “unfair methods of competition” under Section 5 of the FTC Act.  While the Statement invokes familiar antitrust principles, it offers no specific guidance as to how the FTC will apply the broadly stated principles to any particular acts. Whether or not the Statement signals potential expansion of FTC enforcement, firms should be wary of the relationship with and possible effects on private litigation under state laws that have codified violations of the FTC Act or similar conduct

Read our colleagues’ analysis of this interesting development at “FTC releases first formal policy on unfair methods of competition.”