FTC Guidance Relies on Sherman, Clayton Acts in Future Enforcement of ‘Unfair Competition’

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Joel Chefitz said the FTC’s new anticompetitive enforcement guidance could signal its intent to proactively stop conduct that might violate antitrust law – “things like the fraudulent manipulation of markets that interferes with the competitive process but falls short of a conspiracy or monopolization under the Sherman Act.” Overall Mr. Chefitz said the new policy “tightens up prospective enforcement … rather than expanding it. For the most part, no new practices are likely to be investigated.”