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New boom in antitrust enforcement?

Looks like lawyers will be kept busy (WSJ):

The Justice Department is looking for test cases to expand its antitrust authority. And the FTC wants to circumvent the courts' narrow interpretation of the Sherman Act by reclaiming a legal tool it has hardly used in more than two decades--Section 5 of the 1914 law that created the agency.

Invoked in the FTC's Intel suit, that law allows the FTC to act against a company that engages in "unfair methods of competition." The law largely fell into disuse after courts repeatedly slapped down the FTC for using it too broadly.

More: WSJ Law Blog.



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.