August 31, 2015
Section 5 of the FTC Act, in effect since 1914, authorizes the FTC to pursue claims of unfair competition beyond the reach of both the Sherman and Clayton Acts. 15 U.S.C. § 45(a)(1). Until now however, the FTC has been reluctant to issue public guidance on the parameters of conduct subject to Section 5, or the legal framework used to analyze and enforce such stand-alone claims.