the ftc’s authority to use Section 5 of the FTC Act to reach anticompetitive conduct that would not be illegal under the Sherman or Clayton Acts has been much discussed in recent years, particularly in conjunction with the FTC’s enforcement action against Intel. As of this writing, a Section 5 action against Google seems imminent.
Publication Information & Recommended Citation
Crane, Daniel A. "Section 5 and the Innovation Curve." In The Regulatory Revolution at the FTC: A Thirty-Year Perspective on Competition and Consumer Protection, edited by J. Cooper, 146-60. New York: Oxford University Press, 2013.