9th Circ. Questions Axon, FTC On Constitutional Claims

Law360 (July 17, 2020, 9:32 PM EDT) -- A Ninth Circuit panel questioned Friday whether U.S. Supreme Court precedent obligates the court to rule on Axon Enterprise's constitutional challenge to the Federal Trade Commission's merger review process before or after the FTC's in-house proceeding to unwind a company acquisition.

The police body-camera maker is vying to revive its constitutional challenge of the FTC's merger review and in-house administrative proceedings as the company looks to curtail an agency enforcement action targeting its completed purchase of body-camera supplier Vievu. A lower court found in April that Axon has to raise its constitutional arguments in the commission's in-house merger proceedings before it can...

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