Big Bang Theory: Does Section 5 of the FTC Act Have Limits or Can It Achieve Infinite Expansion?
Date: Tuesday, June 18, 2013
Format: Live Webinar
Duration: 60 minutes
12:00 PM-1:00 PM Eastern
11:00 AM-12:00 PM Central
10:00 AM-11:00 AM Mountain
9:00 AM-10:00 AM Pacific
The FTC has viewed Section 5's broad prohibition of "unfair methods of competition" as giving it the authority to attack everything from unilateral "invitations to collude" that lack the agreement necessary to violate Section 1 (including ones in the form of public communications on calls with securities analysts or in letters to a distributor network), to anticompetitive "courses of conduct" that would be dismissed as "monopoly broth" if challenged under Section 2. The faculty will discuss:
- What are the limits when Section 5 is used to attack conduct that would fail to meet the accepted requirements for liability under Section 1 or Section 2 of the Sherman Act?
- Will the FTC's new push in this area also involve trying to revive old theories like "facilitating practices" and "collective dominance“?
- Can expanded Section 5 liability effectively be limited, as some have advocated, to practices that significantly reduce or distort the consumer choices available on the market?
This program will explore these and other issues, and will provide some practical advice for in-house counsel on where the limits may be, and how to manage the risks created by the ongoing uncertainty in this area.
Wilson Sonsini Goodrich & Rosati
Robert H. Lande
University of Baltimore School of Law
Latham & Watkins
San Francisco, CA
Carter B. Simpson (Moderator)
Dentons US LLP
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