A federal appellate panel in Atlanta has upheld a decision to give the public access to a confidential corporate memo that the U.S. Federal Trade Commission had said is at the heart of its ongoing antitrust litigation against a pharmaceutical conglomerate, ruling that the memo is a judicial record subject to public scrutiny.
The order, written by Eleventh Circuit Judge Stanley Marcus for an appellate panel that included Senior Judge Susan Black and Judge Eugene Siler Jr. of the Sixth Circuit, affirmed a lower court ruling by Judge Thomas Thrash of the Northern District of Georgia that the public interest outweighed any private interest pharmaceutical firm Abbvie Products had in keeping the seven-year-old memo under seal.
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