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Pence to Challenge Subpoena With Novel Defense

Bloomberg Law

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The FTC vs Meta, Is This a Valid Theory?

FTC says merger can be anti competitive, even if buyer is only a potential entrant into the market and doesn't compete today. The standard by which you have to prove that there'd be potential competition is very high. FTC didn't show that they probably would have entered if they didn't buy within. So this was a failure on the facts and on the evidence and not a failure on legal theory.

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