FTC Enforcement Guidance Repeal Bad News for Business

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Without the proper guardrails guiding the agency’s hand, there will likely be major losses for the competitive health of the American economy.

Anyone without a law degree or an intimate familiarity with the nuances of antitrust statutes would be forgiven if the words “Section 5 of the FTC Act” or “unfair methods of competition” did not sound particularly significant. Those who are more accustomed with the federal regulatory and statutory landscape, however, would understand their importance. And, had those folks — consumers and businesses alike — tuned into the webcast of the Federal Trade Commission’s July 1 open meeting, they would have felt the hairs on the back of their neck stand up at the biggest result of the meeting: the revocation of the FTC’s “Section 5 policy statement.”

That statement was a bipartisan document adopted by the agency in 2015. Four…

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