The FTC's Recent Vote Refuels Debate on the Scope of Section 5

New York Law Journal

Karen M. Lent Kenneth B. Schwartz

Partners Karen Lent and Kenneth Schwartz conclude that the FTC's recent 3-2 decision to rescind the “Statement of Enforcement Principles Regarding ‘Unfair Methods of Competition’ Under Section 5 of the FTC Act (2015)” leads to questions about the use and scope of Section 5 under the Biden Administration and seems to signal a shift toward a more aggressive enforcement agenda.