The Supreme Court's Rare Opportunity to Limit the FTC's Antitrust Overreach
"Axon Enterprise v. FTC" presents a rare opportunity for the court to put a check on the FTC's yearslong abuse of due process and its practice of bringing dubious administrative lawsuits that would never pass muster in federal court.
November 07, 2022 at 06:00 AM
4 minute read
CommentaryToday, the U.S. Supreme Court will hear oral arguments in Axon Enterprise v. FTC. While the technical issue before court is simply jurisdictional—whether a party subject to an agency administrative proceeding has the right to sue the agency in federal court before the conclusion of that proceeding—the court's opinion here will have much broader implications. This case presents a rare opportunity for the court to put a check on the Federal Trade Commission's yearslong abuse of due process and its practice of bringing dubious administrative lawsuits that would never pass muster in federal court. A process that has resulted in a near-100% win rate for the FTC over the past two decades.
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