FTC Act Section 5 Toolkit
This Toolkit includes resources on Section 5 of the Federal Trade Commission Act (FTC Act) that help counsel identify and prevent the types of conduct that may violate Section 5 and help manage Section 5 enforcement actions.
Section 5 of the Federal Trade Commission Act ( www.practicallaw.com/6-383-6476) (FTC Act) empowers the FTC to investigate and prosecute deceptive and anticompetitive business conduct, including unfair methods of competition (15 U.S.C. §§ 41 to 58).
Unfair methods of competition under Section 5 include:
Any conduct that violates the Sherman Act or other antitrust laws.
Standalone violations (that is, conduct that does not violate other antitrust laws). This includes incipient antitrust violations, which are activities that have not yet harmed competition but would do so if allowed to reach fruition, such as invitations to fix prices.
This FTC Act Section 5 Toolkit is a collection of continuously maintained resources designed to help counsel understand the scope of Section 5 and help their clients avoid Section 5 violations. The following is a selection of key content designed for use in Section 5-related investigations, litigation, and counseling.