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FTC “Unfair Methods of Competition” Rule-making: Pros, Cons, and Processes


Presented by the Federal Civil Enforcement Committee.

In recent years, there has been discussion of whether the FTC should engage in formal rule-making efforts in order to clarify the bounds of “unfair methods of competition.” Reverse-payment settlements (“pay for delay”) in the pharmaceutical industry and employment-contract non-compete clauses have been topics that have especially gotten attention in this area. The four panelists have different opinions and different perspectives and will address the why’s and how’s of arguments for and against formal rule-making.

More information here.

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