'Axon' Challenges FTC's Preclusion of Constitutional Claims in Ninth Circuit Appeal
Karen Hoffman Lent and Kenneth Schwartz, in their column on Antitrust Trade and Practice, discuss Axon Enterprise and how the company argued that it should not be precluded from bringing constitutional claims challenging the FTC's structure and administrative processes in federal court.
September 04, 2020 at 01:08 PM
11 minute read
On July 17, the U.S. Court of Appeals for the Ninth Circuit heard argument in Axon Enterprise v. FTC, where the plaintiff, Axon, argued that it should not be precluded from bringing constitutional claims challenging the FTC's structure and administrative processes in federal court. The underlying dispute stems from the FTC's investigation of Axon after it acquired Vievu, a competitor that sold body cameras and digital evidence management systems to law enforcement. After an internal investigation, the FTC allegedly requested a "blank check" settlement that would reverse the acquisition and force Axon to give the newly independent Vievu some of its intellectual property. According to Axon, the FTC threatened to file an administrative complaint if the company refused to comply.
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