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The FTC’s 2022 Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 and its Potential Impact Upon Little FTC Acts

September 20, 2023

Senior Counsel Robert Langer and Alundai J. Benjamin of Carlton Fields, P.A. co-authored an article titled, “The FTC’s 2022 Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 and its Potential Impact Upon Little FTC Acts” in the American Bar Association Antitrust Law Section’s Antitrust Magazine.

The article discusses the potential significance of the apparent expansion of the Federal Trade Commission’s view of its enforcement authority under the 2022 “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act”. The article notes that although the FTC’s Cigarette Rule for evaluating unfair acts and practices was abandoned over forty years ago, it nevertheless continues to be utilized by a majority of Little FTC Act states, including Connecticut. The article posits that the 2022 Policy Statement may have a similar influence at the state level even if the 2022 Policy Statement is subsequently rescinded by future FTC Commissioners.

To read the article, please see the PDF link below.

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