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

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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