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The Wisdom of Using the "Unfair Method of Competition" Prong of Section 5

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Antitrust Chronicle, 2008, vol. 11

Abstract: The basic question I am addressing concerns the wisdom of using the "unfair method of competition" prong of Section 5 of the Federal Trade Commission Act to prohibit conduct that does not violate the Sherman Act or the other antitrust statues (the Clayton Act and the Robinson-Patman Act, all of which are collectively referred to herein as the "antitrust laws"). I will address that question as a policy matter.

Date: 2008
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