Carl Hittinger Says FTC Faces ‘Uphill Fight' in Effort to Expand Enforcement

News / December 2, 2022

The Federal Trade Commission (FTC) recently said it is changing how it addresses “unfair methods of competition” among businesses in a move that aims to expand its authority.

Partner Carl Hittinger was quoted about the FTC’s plans by Law360 for a Dec. 2, 2022, article titled “FTC Eyes Expanded Enforcement Efforts But Questions Loom.” He told the publication that the agency’s new statement “ignores the analytical frameworks used by the judiciary since the enactment of the antitrust laws to assess competitive issues, and instead relies on a new set of standards that it only vaguely outlined.”

To set aside how courts have assessed unfair business practices for decades, Hittinger told Law360, “is going to be a huge uphill fight.”

Read the article.