13 Pages Posted: 10 Apr 2016 Last revised: 17 Jun 2016
Date Written: April 5, 2016
Since the late 1980s, Section 5 of the FTC Act has come to center on a certain kind of case, the so-called anticompetitive “scheme” featuring extraordinary and nefarious conduct -- like gaming a standards process, rigging industry tests, that sort of thing. Deception, fraud, bad-faith and oppressive action are typical. This kind of self-restraint has, to its credit, yielded a focus on cases where the conduct is extraordinary, an anticompetitive intent is obvious and the harm is substantial. At this point, the self-imposed limits on Section 5 enforcement are extensive enough that a critic could fairly accuse the agency of under-enforcing the law and deviating too far from Congress’s original intent.
Suggested Citation: Suggested Citation
Wu, Tim, 'Section 5 and 'Unfair Methods of Competition': Testimony Before the Senate Antitrust Committee (April 5, 2016). Columbia Public Law Research Paper No. 14-508; Columbia Law and Economics Working Paper No. 542. Available at SSRN: https://ssrn.com/abstract=2760162 or http://dx.doi.org/10.2139/ssrn.2760162