Reviving Competition in Healthcare Markets: The Use of Section 5 of the FTC Act
Antitrust Chronicle, 2008, vol. 11
The Federal Trade CommissionÃ¢â‚¬â„¢s (Ã¢â‚¬Å“FTCÃ¢â‚¬Â ) powers under Section 5 of the FTC Act are often misperceived, often by the enforcers themselves. Too often in the past, the FTC has perceived itself as the younger sister of the Antitrust Division of the Department of Justice (Ã¢â‚¬Å“DOJÃ¢â‚¬Â ), measuring its success and activities based on the enforcement agenda and approach of the Antitrust Division. There have been times when the FTC has focused its efforts, like the Antitrust Division, on federal court litigation, and in doing so, has failed to perceive and fully utilize its unique range of statutory and adjudicative powers.
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