Reflections on Section 5 of the FTC Act and the FTC’s Case against Intel

26 Pages Posted: 22 Jan 2010  

Daniel A. Crane

University of Michigan Law School

Date Written: January 19, 2010

Abstract

This paper explores the policy implications of the FTC's decision to file its enforcement action against Intel under Section 5 of the FTC Act and declare that it has the power to go further under Section 5's "unfair competition" prong than it could under Section 2 of the Sherman Act. It argues that Intel is an inappropriate case for the Commission to make a bid for Section 5 independence since none of the Commission's institutional advantages over Article III courts justifies a departure from ordinary Section 2 norms in this case. Indeed, the Intel case has the potential to set back the Commission's enforcement powers by prompting a reviewing court to chastise the Commission for overreaching and rejecting a broad view of Section 5.

Keywords: Intel, FTC Act, Sherman Act

JEL Classification: K21

Suggested Citation

Crane, Daniel A., Reflections on Section 5 of the FTC Act and the FTC’s Case against Intel (January 19, 2010). Antitrust Chronicle, Forthcoming ; U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 10-001; U of Michigan Public Law Working Paper No. 181. Available at SSRN: https://ssrn.com/abstract=1539638

Daniel A. Crane (Contact Author)

University of Michigan Law School ( email )

625 South State Street
Ann Arbor, MI 48109-1215
United States
734-615-2622 (Phone)

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