The FTC’s Stacked Deck under Section 13(b): Does CCC Holdings Herald a Return to the S-C-P Paradigm?

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Thomas Lambert, Apr 30, 2009

The outcome of the district court’s decision in FTC v. CCC Holdings is not surprising, and an injunction against the CCC/Mitchell merger may well have been warranted. The reasoning the court employed, however, causes concern. By stacking the deck so heavily in favor of the FTC a move dictated by the D.C. Circuit’s lax standard for granting preliminary injunctions under Section 13(b) the cour