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Another Look at Process: Is There Really a Difference between Merger Litigation at the Agencies?

BY | April 28, 2009

This article is part of a Chronicle. See more from this Chronicle Kyle Andeer, Apr 30, 2009 The FTC has emphasized its unique role in antitrust enforcement and its administrative…

This article is part of a Chronicle. See more from this Chronicle

Kyle Andeer, Apr 30, 2009

The FTC has emphasized its unique role in antitrust enforcement and its administrative proceedings in these recent cases. Its position is grounded in the text of its authorizing statutes, Congressional intent, and longstanding legal precedent. Nevertheless, the FTC has been subjected to harsh criticism by some in the defense bar, arguing that the emphasis placed on the Commission’s administrative ro

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