2nd Circ. Won't Rehear FTC's 1-800 Contacts Loss

By Matthew Perlman (August 26, 2021, 6:55 PM EDT) -- The Second Circuit has refused to rethink its decision to let 1-800 Contacts escape allegations from the Federal Trade Commission that it violated antitrust law by aggressively enforcing its trademarks against online competitors.

The appellate court on Thursday denied a petition from the commission seeking a panel rehearing or rehearing en banc of a June decision the agency contends wrongly elevated trademark considerations over antitrust concerns. The one-page order did not provide an explanation for the denial.

In June, a Second Circuit panel overturned the FTC's order after the agency found that 1-800 Contacts violated antitrust law through settlements in trademark...

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