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Comment: FTC’s new Section 5 policy allows for broader merger enforcement with 'spirit' of antitrust laws approach

By Flavia Fortes ( November 16, 2022, 22:30 GMT | Comment) -- The US Federal Trade Commission has expanded its regulatory reach with the issuance of a new policy statement on Section 5 of the FTC Act that seeks to fight violations of antitrust laws at their “incipiency” or violations of the “spirit” of the antitrust laws. With regard to mergers, the new policy gives the agency more leeway to pursue novel theories to challenge transactions that may not have violated the antitrust laws.The US Federal Trade Commission has expanded its regulatory reach with the issuance of a new policy statement on Section 5 of the FTC Act that seeks to fight violations of antitrust laws at their “incipiency” or violations of the “spirit” of the antitrust laws....

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