Antitrust & Trade Reg.,
Administrative/Regulatory
Jul. 2, 2021
FTC no longer must prove public harm in antitrust actions
The decision will allow the FTC to pursue claims that may not constitute violations of the two major antitrust laws, the Sherman Act and Clayton Act. Courts have historically only found violations of those statutes when they harm consumers.
The Federal Trade Commission on Thursday expanded its authority to challenge violations of antitrust law by altering the standard under which it decides to pursue claims alleging unfair competition practices.
It will no longer have to prove companies have harmed consumers to bring investigative and enforcement action against them.
The commission, in a 3-2 vote along political party lines, repealed ...
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