As this example shows, Section 5 claims sweep more broadly than the Sherman Act, but its sanctions are less onerous. Section 5 does not have any civil penalties attached to it, and in addition, because it is by its own terms not an antitrust statute, it is not as likely to support follow-on private class actions for treble damages. Because there is no private enforcement of Section 5, many of the excesses of class action suits that have led courts to limit antitrust actions in recent years simply don’t apply. The balance that Congress struck in drafting Section 5 makes it particularly useful in certain situations, and as our international partners consider creating a private right of action, we look forward to engaging in further dialogue, and sharing our thoughts about the pros and cons of private enforcement.
FTC法5条のエンフォースを担うFTCの委員長がこういうことを考えている、というのがとても興味深く御座候。