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What Is(n’t) Unfair Competition? An Analysis of the FTC’s 2022 Section 5 Policy Statement

Christina Chu Ma and Jaclyn Phillips

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In November 2022, the FTC issued a policy statement concerning the scope and meaning of unfair methods of competition under Section 5 of the FTC Act. So what has changed under Section 5 and where are we headed? Angela Landry, counsel at Freshfields, joins Christina Ma and Jaclyn Phillips to discuss Section 5, how the FTC's approach has changed with its 2022 statement, and what we might see as it gets put into practice.

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