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

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, the FTC has struggled to define with precision what conduct violates § 5 beyond conduct that is unlawful under other antitrust laws. If implemented as drafted, the Policy Statement would mark a significant expansion of antitrust enforcement. However, past FTC efforts at expansive § 5 enforcement have been rejected in the courts. 

This Jones Day White Paper summarizes the FTC's Policy Statement, identifies the areas where business risk has changed the most, and provides practical guidance for business about how to react (and not overreact) to this development.

Read the White Paper here

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.