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.

This article explores 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" [hereinafter "[2022] Statement"].1 The 2022 Statement departs markedly from the FTC's prior recent effort to provide guidance as to the scope of its unfair method of competition authority. Let's posit that the 2022 "Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act" is subsequently rescinded by a later group of FTC Commissioners, and/ or tangible manifestations of the 2022 Statement such as the proposed non-compete rule are rejected by the federal courts. [Extracted from the article]