Yesterday the FTC filed suit under both the 5th and the 2nd section of the Sherman Antitrust act. The section 5 action alleges unfair or deceptive business practices while section 2 deal with monopolistic behaviour. New York’s AG Cuomo will be watching carefully because if the FTC loses on the section 2 claim, Intel will be able to use that in the case filed by New York. On the other hand, if the FTC wins on section 2, New York will be able to piggyback off their victory. Delaware also has pending claims under section 2, but New York has Cuomo and is therefore more fun to write about.