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

BY | April 28, 2009

This article is part of a Chronicle. See more from this Chronicle Thomas Lambert, Apr 30, 2009 The outcome of the district court’s decision in FTC v. CCC Holdings is…

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

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

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