Demonstrating Potential Reach of its Section 5 Authority, FTC Announces Settlement Concerning Alleged Invitation to Collude With Competitor

On June 9, the Federal Trade Commission (FTC) announced its approval, by a 5-0 vote, of the settlement of a complaint against U-Haul International, Inc. (and its parent company AMERCO) alleging that U-Haul attempted to collude with its competitor Budget to fix truck rental prices. (The FTC did not name Budget as a defendant and did not assert that it had engaged in any wrongdoing whatsoever). Although this is not the first action brought by the FTC concerning an invitation to collude, it underscores the current Commission's active scrutiny under Section 5 of the FTC Act of conduct that may not be actionable under the federal antitrust laws.  

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This GT Alert was written by Scott Martin. Questions about this information can be directed to Mr. Martin at 212.801.2231 (martinsc@gtlaw.com), or to your Greenberg Traurig attorney.

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