FTC Antitrust Guidelines Fail to Provide Necessary Clarity


Joel Chefitz questioned the ambiguity in the new FTC guidelines concerning when it will bring unfair competition cases. For example, he said, a reference to the “spirit” of the antitrust laws “seems at first blush too subjective and unclear for a statement of enforcement principles. Courts and lawyers may be guided by the ‘spirit’ but interpret the language of statutes, including the antitrust laws,” differently, which Mr. Chefitz noted might “be the source of mischief.”