Masterclass: Implications of the FTC’s Unlimited Section 5 Policy Statement

In November, amid increasing antitrust scrutiny, the US Federal Trade Commission (FTC) released a sweeping policy statement greatly expanding the reach of Section 5 beyond that of other US antitrust laws. The policy statement makes clear the FTC’s intent to pursue enforcement through a reinterpretation of the scope of its own powers and what constitutes an unfair method of competition. This expanded scope includes targeting both actual and potential law violations, as well as actions that violate the “spirit” of the law.

In this masterclass, Latham & Watkins partner Ian Conner, former head of the FTC’s Bureau of Competition, explores how the FTC’s recent policy statement and its theories create unique business considerations for companies in a range of industries.

Topics

• Pushing antitrust enforcement past the Sherman and Clayton Act – what is currently legal may now violate Section 5
• What this means for companies contemplating whether they should follow the law or consider Section 5’s new interpretations
• How spiritual violations and this new interpretation is likely to fair in courts