FTC Policy Statement Foreshadows Heightened Enforcement Of Unfair Methods Of Competition

On November 10, the Federal Trade Commission (FTC) published a new Policy Statement, superseding all prior FTC statements and guidance addressing Section 5 of the FTC Act. The three Democratic Commissioners, Chair Lina M. Khan and Commissioners Rebecca K. Slaughter and Alvaro M. Bedoya, voted in favor, with the lone Republican Commissioner, Christine S. Wilson, voting against. According to the FTC's press release, the Policy Statement "put[s] businesses on notice" that the FTC will now "rigorously enforc[e]" Section 5's prohibition on unfair competition, including challenging conduct that falls outside the scope of the Sherman and Clayton Acts—the two main federal antitrust laws.