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Mark S. Popofsky, Oct 01, 2008
The U.S. Department of Justice (“DOJ”) released a long-awaited report on Section 2 of the Sherman Act (“Report”) on September 8, 2008. Strikingly, although the Federal Trade Commission (“FTC”) and the DOJ jointly held the 2006 hearings that led to the Report, the Report was issued under the DOJ’s name alone. Even more strikingly, three FTC Commissioners—a working Commission majority
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