Neil Averitt commentary: Is working paper a stealth attack on the FTC?

(January 15, 2015) -- Two former Department of Justice managers have weighed in on the legislative history of Section 5. They have documented that Congress intended the statute to focus on just the competitive effects of a practice. So far so good. But the analysis ends at that point, when it should have just been starting there. The real question is exactly what kinds of competitive effects Section 5 is intended to reach....

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