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The FTC enforces anti-competitive practices. Is that not clearly anticompetitive as of now?
by maerF0x0 3y ago
The FTC enforces anti-competitive practices. Is that not clearly anticompetitive as of now?
- SllX 3y agoNot under the Clayton Antitrust Act, no. If you want to make the case, you have to make the case that it’s within the FTC’s wheelhouse under the statutes it is authorized to enforce. It might be anticompetitive, but if it’s not anticompetitive in a way that’s also illegal, then it’s outside the FTC’s jurisdiction. They can try it anyway under some novel legal theory or reading of the statute, but without being able to make a good case they would just be wasting everyone’s time including their own.