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James Burns Quoted in Bloomberg BNA on FTC's Guidance on Section 5

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A recent Federal Trade Commission policy statement interpreting the commission's authority to prosecute "unfair methods of competition" under FTC Act Section 5 fails to provide significant guidance and could open the door to more enforcement in the health care industry. In this Bloomberg BNA Health Law Reporter article, James Burns notes that, because the policy statement provides no examples and discusses the FTC's approach to exercising its Section 5 authority in unfair methods of competition (UMC) cases only in general terms, it creates uncertainty for regulated entities and could signal that the FTC intends to exercise its Section 5 authority in UMC cases more often.

"The FTC’s issuance of this new guidance on its Section 5 enforcement philosophy is particularly significant for those industries—including health-care—that are principally regulated by the FTC rather than the Department of Justice," Mr. Burns said.

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