FTC Updates (November 7-11, 2022)

Thursday, November 10, was a big day for the FTC asserting its competition authority, from an announcement to strengthen FTC enforcement of Section 5 to weighing in on hiring restrictions. These stories, plus warnings of limited options for medication, an upcoming open Commission meeting, and more, after the jump.

Thursday, November 10, 2022

Bureau of Competition: Section 5

• The FTC issued a statement that broadened the agency's policy of enforcing fair competition. The statement asserted that "Section 5 reaches beyond the Sherman and Clayton Acts to encompass various types of unfair conduct that tend to negatively affect competitive conditions." Rather than continue to use the Sherman Act's "rule of reason" test when applying Section 5, the Commission will use rulemaking and enforcement to put businesses on notice of how to compete lawfully. The FTC will consider "significant general principles" for determining whether an act constitutes an unfair method of