Reflections on Section 5 of the FTC Act and the FTC’s Case against Intel
Document Type
Article
Publication Date
2010
Abstract
This paper explores the policy implications of the FTC's decision to file its enforcement action against Intel under Section 5 of the FTC Act and declare that it has the power to go further under Section 5's "unfair competition" prong than it could under Section 2 of the Sherman Act. It argues that Intel is an inappropriate case for the Commission to make a bid for Section 5 independence since none of the Commission's institutional advantages over Article III courts justifies a departure from ordinary Section 2 norms in this case. Indeed, the Intel case has the potential to set back the Commission's enforcement powers by prompting a reviewing court to chastise the Commission for overreaching and rejecting a broad view of Section 5.
Recommended Citation
Crane, Daniel A., "Reflections on Section 5 of the FTC Act and the FTC’s Case against Intel" (2010). Public Law & Legal Theory Working Papers. 657.
https://repository.law.umich.edu/pub_law_archive/657