Likelihood of Success is Still Part of the Law, Even Under 13(b)

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Paul Denis, Apr 30, 2009

The confusion following in the wake of the now infamous trio of opinions in Federal Trade Commission v. Whole Foods Market, Inc. has allowed some to argue that the FTC faces a lesser burden under Section 13(b) of the FTC Act, 15 U.S.C. § 53(b), to show likelihood of success than is faced by DOJ under Section 15 of the Clayton Act, 15 U.S.C. § 25 or private litigants under traditional equity standards