The U.S. Court of Appeals for the Second Circuit ruled that a short seller’s claims that financial institutions conspired to fix borrowing fees were properly dismissed by the district court because they presented a conflict with securities regulations. The Federal Trade Commission (FTC) used three different modes of analysis to conclude that a realtor association’s discriminatory rules restricting the dissemination of discount brokers’ listings unreasonably restrained trade, delineating the commission’s approach to full and abbreviated rule of reason analysis.
Other recent antitrust developments of note included an FTC complaint against a leading computer chip maker brought under §5 of the FTC Act, suggesting that the commission may plan to use that provision expansively to pursue anticompetitive conduct.
Implied Preclusion
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