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

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.”