While no cartel cases have been brought since the start of the Obama administration, the Federal Trade Commission (FTC) has taken a leadership role in antitrust enforcement activity in the past few years with its revitalized use of Section 5 of the FTC Act (15 U.S.C. §45), which prohibits unfair or deceptive acts or practices in interstate commerce. Antitrust practitioners are also focused on the potential risk of duplicative recovery created by the California Supreme Court decis...
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