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When Conversation Becomes an Antitrust Violation

Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45(a)(1), provides the Federal Trade Commission (“FTC”) with broad authority to address “unfair methods of competition.” Although Congress chose not to define the specific conduct that constitutes unfair methods of competition, Section 5 provides a green light to the FTC to address acts and practices “that contravene the spirit of the antitrust laws and those that, if allowed to mature or complete, could violate the Sherman or Clayton Act.”

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