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Federal Trade Commission Announces Expanded Enforcement Authority Under Section 5 of the FTC Act

Morgan Lewis – The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the scope of Section 5 of the FTC Act on November 10, 2022. The updated guidance expands what the FTC may consider to be “unfair” competition in violation of Section 5, including conduct that the FTC deems to be contrary to the “spirit” of the antitrust laws.
