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Antitrust Violations › The Clayton Act › Unfair Competition

Goodwin

Regeneron Awarded $407 Million in Amgen Antitrust Suit

Goodwin on

On May 15, 2025, a jury returned a verdict finding Amgen Inc. (“Amgen”) liable for antitrust violations and awarding Regeneron Pharmaceuticals, Inc. (“Regeneron”) over $400 million in damages....more

Jones Day

FAQ About the FTC's Controversial New "Unfair Methods of Competition" Policy

Jones Day on

The Federal Trade Commission (“FTC”) released a new Policy Statement of its enforcement priorities for Section 5 of the FTC Act, which makes unlawful “unfair methods of competition.” Since the passage of the FTC Act in 1914,...more

Paul Hastings LLP

FTC Sows Uncertainty with Unfair Competition Guidance

Paul Hastings LLP on

The Federal Trade Commission upended decades of antitrust compliance principles last week when it announced a broad framework for policing unfair methods of competition under Section 5 of the FTC Act....more

Baker Donelson

The FTC's Three Current Hospital Merger Challenges: Will the FTC Ever Lose?

Baker Donelson on

Beginning with the Federal Trade Commission’s 2007 decision in Evanston Northwestern Healthcare Corp., holding that a hospital merger in the North Chicago suburbs violated the antitrust laws, the FTC has experienced...more

Baker Donelson

Federal Trade Commission Guidance Addresses Stand-alone Claims of Unfair Competition Under Section 5 of the FTC Act

Baker Donelson on

Section 5 of the FTC Act, in effect since 1914, authorizes the FTC to pursue claims of unfair competition beyond the reach of both the Sherman and Clayton Acts. 15 U.S.C. § 45(a)(1). Until now however, the FTC has been...more

Butler Snow LLP

Federal Trade Commission Issues First-Ever Guidance on “Unfair Methods of Competition”

Butler Snow LLP on

Section 5 of the 1914 Federal Trade Commission Act declares that “unfair methods of competition in or affecting commerce” are unlawful. The Act also empowers the Commission to prevent persons, partnerships, and corporations...more

Sheppard Mullin Richter & Hampton LLP

FTC “Enforcement Principles” for Section 5 of the FTC Act: Is Something Better than Nothing?

Sheppard Mullin Richter & Hampton LLP on

For many years, antitrust practitioners have struggled to understand exactly how the FTC will analyze and enforce Section 5’s prohibition of “unfair methods of competition.” Counseling clients has been challenging. In a...more

King & Spalding

FTC Issues Statement on “Unfair Methods of Competition” Prohibited by Section 5 of the FTC Act

King & Spalding on

On August 13, 2015, the Federal Trade Commission (FTC) issued its “Statement of Enforcement Principles” (the “Statement”) regarding how it would interpret Section 5 of the FTC Act (Section 5), a statute that prohibits, among...more

Morgan Lewis

FTC Spells Out Principles On When It Will Exercise Its Standalone Authority Under Section 5

Morgan Lewis on

The one-page statement, at the level of broad general principles, keeps with recent practice and does not signal any significant increase in enforcement under “unfair methods of competition” theories....more

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