Policy, But What Now: The GCR Section Five Roundtable


Joel Chefitz was one of five participants in a panel discussion about the FTC’s new guidance on its use of FTC Act Section Five to challenge anti-competitive conduct that falls outside of the traditional antitrust laws. Mr. Chefitz said that he liked the guidance’s brevity and its “importation of the rule of reason and the consumer welfare principle; they are familiar concepts, comfortable to any antitrust lawyer.” However, he noted that ambiguities in the guidance mean “we may see more administrative overreach.”